Lister v Woolworths Ltd

Lister v Woolworths Ltd concerned an appeal to the High Court of Australia from a decision of the Supreme Court of New South Wales. The appellant, Lister, had been employed by the respondent, Woolworths Ltd, and alleged that he had suffered injury as a result of the respondent's negligence. The core of the dispute revolved around whether the respondent had breached its duty of care to the appellant.

The High Court was required to determine whether the respondent had breached its duty of care to the appellant by failing to take reasonable precautions to prevent the appellant from suffering injury. Specifically, the court considered whether the employer's knowledge of the risk of injury and the foreseeability of the harm were sufficient to establish a breach of duty. The court also had to consider the adequacy of the precautions, if any, that had been taken by the employer.

In their joint judgment, Gleeson CJ and McHugh J found that the employer had breached its duty of care. They reasoned that the employer knew of the risk of injury to the employee and that the injury was foreseeable. The court applied the principles established in *Wyong Shire Council v Shirt* and *Romeo v Conservation Commission (NT)*, emphasizing that the employer's duty of care required it to take reasonable steps to avoid foreseeable risks of injury. The court found that the precautions taken by Woolworths were not sufficient to discharge its duty of care.

The High Court allowed the appeal, setting aside the judgment of the Supreme Court of New South Wales and remitting the matter for determination of damages.