Mayne Nickless Ltd v Rojas

Mayne Nickless Ltd and Ors v Rojas and Ors [1994] NSWCA 198 concerned an appeal to the New South Wales Court of Appeal following a judgment in favour of the respondents, Rojas and Ors, in an action for damages for personal injuries. The appellants, Mayne Nickless Ltd and Ors, sought to overturn this decision.

The primary legal issues before the Court of Appeal were whether the trial judge had erred in finding that the appellant, Mayne Nickless Ltd, owed a duty of care to the respondent, Rojas, and if so, whether that duty had been breached. The court also considered whether the trial judge had correctly assessed the damages awarded to the respondent.

The Court of Appeal, in its reasoning, affirmed the existence of a duty of care owed by Mayne Nickless Ltd to Rojas, a contractor engaged by Mayne Nickless. The court applied established principles of negligence, finding that Mayne Nickless had failed to take reasonable steps to ensure the safety of the contractor on its premises, particularly concerning the operation of a forklift. The court found that the trial judge's assessment of liability was sound. However, the Court of Appeal did find that the trial judge had made an error in the assessment of damages, specifically in relation to the calculation of future economic loss.

Consequently, the Court of Appeal allowed the appeal in part, setting aside the original damages award and remitting the matter back to the Supreme Court for a reassessment of damages.