Radicic v Australian Postal Corp

Radicic v Australian Postal Corp was a dispute heard by the Federal Court of Australia. The applicant, Radicic, was seeking damages against the respondent, Australian Postal Corp, for personal injury sustained while working as a postal delivery worker. The injury occurred when Radicic fell from his bicycle while making a delivery.

The primary legal issue the court was required to determine was whether the respondent owed a duty of care to the applicant under the common law or under any statutory provisions. The court also had to decide whether the respondent had breached that duty and whether the applicant's injuries were a result of that breach. Another issue was whether the applicant's own contributory negligence should reduce any damages awarded.

The court found that the respondent did owe a duty of care to the applicant but that this duty was not breached. The court determined that the applicant's fall was due to his own negligence in not properly maintaining his bicycle. The court also found that the applicant's injuries were not a result of any breach of duty by the respondent. The court held that the applicant's contributory negligence was 100% and therefore no damages were payable. The application was dismissed and the applicant ordered to pay the respondent's costs.