Keith Waters v Trojan Tyres (NSW) Pty Limited

The appellant, Keith Waters, appealed to the Court of Appeal of New South Wales against a decision of the primary judge that found in favour of the respondent, Trojan Tyres (NSW) Pty Limited, in a claim for damages for injuries suffered at the workplace.

The central legal issue before the Court of Appeal was whether the primary judge had erred in finding that the respondent had not breached its duty of care to the appellant, and consequently, whether the appellant was entitled to recover damages for the injuries sustained.

The Court of Appeal, comprising Tobias JA, Foster AJA, and Gzell JJ, found that the primary judge had misapplied the relevant legal principles concerning the duty of care owed by an employer to an employee. The Court determined that the respondent had failed to take reasonable precautions to prevent the foreseeable risk of injury to the appellant. Consequently, the appeal was upheld, the verdict in favour of the respondent was set aside, and a verdict was substituted in favour of the appellant for the sum of $291,823.00, with credit for workers' compensation payments already made. The respondent was also ordered to pay the appellant's costs of the appeal and the costs of the hearing in the court below.