Rabay v Bristow

The appeal concerned a contractor, Mr. Rabay, who sustained injuries while making deliveries to the premises of the occupier, Mr. Bristow. Mr. Rabay alleged negligence on the part of Mr. Bristow, claiming the occupier had breached their duty of care. The primary judge had found in favour of Mr. Bristow, and Mr. Rabay appealed to the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the primary judge had erred in their formulation of the occupier's duty of care owed to Mr. Rabay, and whether the primary judge had correctly determined the issue of contributory negligence on the part of Mr. Rabay. Additionally, the court was asked to consider whether the primary judge had made errors in the calculation of damages, specifically in relation to non-economic loss and the assessment of Mr. Rabay's future earning capacity.

The Court of Appeal considered the principles of occupier's liability and the duty of care owed to independent contractors entering premises. It reviewed the evidence presented at trial concerning the circumstances of Mr. Rabay's injury and the steps taken by Mr. Bristow to ensure safety. The court found no error in the primary judge's assessment of the duty of care or the finding of contributory negligence. Furthermore, the court was satisfied that the primary judge's calculations for non-economic loss and future earning capacity were sound and based on appropriate legal principles and evidence.

Consequently, the appeal was dismissed, and Mr. Rabay was ordered to pay Mr. Bristow's costs.