Jurox Pty Ltd v Fullick

The appeal concerned a claim for personal injury brought by the respondent, Mr Mark Fullick, against Jurox Pty Ltd, the appellant. Mr Fullick sustained injuries while working at premises occupied by Jurox and at the direction of Jurox, although he was not employed by Jurox. The primary judge had found Jurox liable in negligence.

The Court of Appeal was required to determine whether Jurox had breached its duty of care to Mr Fullick, whether any such breach caused Mr Fullick's injuries, and whether Mr Fullick was contributorily negligent. The court also considered whether Jurox was entitled to a reduction in liability under s 151Z(2) of the *Workers Compensation Act 1987* (NSW) and whether the assessment of damages was excessive.

The court found that while Jurox had not designed an unsafe system of work, it had failed to adequately supervise the implementation of that system. This failure to supervise, particularly in the absence of a formalised system, constituted a breach of duty. The court applied s 5D of the *Civil Liability Act 2002* (NSW) to find that the risk of harm from lifting bags was foreseeable and not insignificant, and that adequate supervision would have avoided the harm. The court also determined that Mr Fullick's employer was not a joint tortfeasor, thus s 151Z(2) of the *Workers Compensation Act 1987* (NSW) did not apply. Furthermore, the court found that the primary judge had not erred in assessing damages, concluding that the injury constituted a serious aggravation of a pre-existing degenerative condition.

The appeal was dismissed, and Jurox Pty Ltd was ordered to pay the respondent's costs of the appeal.