Prasad v Ingham's Enterprises Pty Ltd

The appellant in this case brought an action against the respondent, her employer, for injuries sustained during her employment. The appellant claimed that she developed bilateral plantar fasciitis due to her working conditions, which required her to stand for long periods on concrete floors at a temperature of 13 degrees Celsius. The respondent denied any negligence and argued that the injuries were due to pre-existing conditions or the appellant's contributory negligence. The case was heard by the court of appeal, which was tasked with determining whether the primary Judge erred in finding that the respondent had not breached its duty and that the medical evidence did not establish causation.

The court examined whether the primary Judge correctly found that the respondent had not breached its duty of care. The primary Judge had accepted that the appellant's working conditions were a cause of her plantar fasciitis but found that the respondent had not breached its duty of care as there was no evidence that any measures taken by the respondent would probably have prevented the appellant from developing plantar fasciitis. The court of appeal needed to determine if this finding was correct and if the primary Judge had erred in his assessment of the evidence.

The court of appeal found that the primary Judge had not erred in his assessment of the evidence. The court noted that while the appellant's working conditions were a cause of her plantar fasciitis, there was insufficient evidence to establish that the respondent's breach of duty was the cause of her injury. The court found that the primary Judge's conclusion was supported by the evidence presented, and there was no basis to overturn his finding. Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs of and incidental to the appeal on a standard basis.