Russon v Ampol Ltd

The appellant, Russon, brought proceedings against the respondent, Ampol Ltd, alleging negligence. Russon claimed to have suffered injury as a result of a fall from a ladder, which he contended slipped due to dangerously slippery treads. The matter was heard by the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the trial judge had erred in finding that Ampol Ltd was not negligent. This required the court to consider whether the evidence supported the conclusion that the ladder's treads were dangerously slippery, and if so, whether Ampol Ltd owed and had breached a duty of care to Russon.

The majority of the Court of Appeal dismissed the appeal. Their Honours found that the trial judge's decision on the facts, including the assessment of the slipperiness of the ladder treads and the circumstances of the fall, was open to be made on the evidence presented. The majority concluded that the trial judge had not made an error of law or fact that would warrant overturning the original decision.

Consequently, the appeal was dismissed with costs.