Millis v Valpak (Aust) Pty Limited

The appeal concerned a dispute arising from an employment accident where the plaintiff, Millis, suffered a lifting injury. The case was heard in the Supreme Court of New South Wales, Court of Appeal.

The primary legal issues before the Court were whether the employer, Valpak (Aust) Pty Limited, was negligent in failing to provide adequate training in lifting techniques, and whether the award for future economic loss made by the trial judge was erroneous due to an alleged exaggeration of the extent of the plaintiff's disability.

The Court of Appeal considered the employer's duty of care, particularly in relation to workplace safety and the provision of training. It was held that a risk assessment analysis was required, and the absence of training in proper lifting techniques constituted negligence on the part of the employer. Regarding damages, the Court found no error in the trial judge's award for future economic loss, indicating that the extent of the disability had not been exaggerated in a way that warranted interference on appeal.

Consequently, the appeal and cross-appeal were dismissed.