Polycarpou v Australian Wire Industries Pty Limited [No 2]

In *Polycarpou v Australian Wire Industries Pty Limited [No 2]*, the New South Wales Court of Appeal considered an appeal by the plaintiff, Polycarpou, against the decision of a judge in the Supreme Court of New South Wales. The dispute concerned the plaintiff's claim for damages for personal injury allegedly sustained as a result of the defendant's negligence.

The primary legal issue before the Court of Appeal was whether the primary judge had erred in finding that the defendant had not breached its duty of care to the plaintiff. Specifically, the court had to determine if the defendant had taken all reasonable precautions to prevent the injury suffered by the plaintiff, and if the plaintiff's own conduct contributed to the injury.

The Court of Appeal upheld the primary judge's finding that the defendant had not breached its duty of care. The court reasoned that the defendant had implemented reasonable safety measures, and that the plaintiff's injury was primarily caused by his own failure to follow established safety procedures. The legal principle applied was that an employer is not an insurer of their employees' safety and is only required to take reasonable steps to prevent foreseeable harm.

Consequently, the appeal was dismissed, and the orders of the primary judge were affirmed.