Kosciusko Thredbo Pty Ltd v Posetti

Kosciusko Thredbo Pty Ltd (the appellant) appealed to the High Court of Australia from a decision of the Full Federal Court. The dispute concerned the appellant's liability for injuries sustained by Mr Posetti (the respondent) while he was employed as a ski instructor at Thredbo. The respondent had suffered a fall while skiing during a training session and subsequently brought proceedings against the appellant under the *Occupational Health and Safety Act 1991* (Cth) (the OHS Act). The primary issue was whether the appellant had breached its duty of care to the respondent under the OHS Act.

The High Court was required to determine whether the appellant had taken all reasonably practicable steps to ensure the health and safety of its employees, specifically in relation to the risks associated with skiing during training. This involved considering the scope of the appellant's duty of care, the nature of the risks involved in ski instructing, and the adequacy of the safety measures implemented by the appellant. The court also had to consider the application of the OHS Act in the context of recreational activities that inherently involve risk.

The High Court, in a joint judgment delivered by Kirby and Hayne JJ, found that the appellant had breached its duty of care. Their Honours reasoned that while skiing inherently involves risk, the appellant, as an employer, had a positive obligation to take all reasonably practicable steps to minimise those risks. The court considered the evidence regarding the training provided to instructors, the supervision arrangements, and the specific conditions on the day of the incident. They concluded that the appellant had failed to implement adequate safety measures, particularly in relation to ensuring instructors were aware of and managed the specific risks of the terrain and conditions during training sessions. The appeal was dismissed.