Schneider v State of New South Wales

The plaintiff, Schneider, sued the State of New South Wales in the Supreme Court for negligence arising from an injury sustained in the workplace. The plaintiff, a cleaner employed by a contractor engaged by the defendant to clean a school, was required to walk through a school playground in darkness to access her workplace. She fell into an open drainage pit left uncovered by vandals. The defendant argued that the plaintiff's injury was not a foreseeable consequence of their breach of duty, and that the plaintiff was contributorily negligent. The court was required to determine whether the defendant's negligence caused the plaintiff's injuries, whether the plaintiff was contributorily negligent, and whether the non-party employer would be liable if sued.

The court held that the defendant owed the plaintiff a duty of care to ensure that the workplace was safe. The risk of injury from an open drainage pit in the playground was foreseeable, and the defendant's failure to cover the pit was a breach of that duty. The court found that the plaintiff was not contributorily negligent, as she had taken reasonable steps to ensure her safety in the workplace. The court also held that the non-party employer would be liable if sued, as they had control over the workplace and the means of ensuring its safety.

The court assessed the plaintiff's damages, which included economic and non-economic losses, and awarded damages in the sum of $1,204,371. The court then applied a discount of 35 per cent to reflect the findings made pursuant to s 151Z(2) of the Workers’ Compensation Act 1987, reducing the damages to $782,841. The court then ordered that judgment be entered for the plaintiff in the amount of $750,000, with the defendant to pay the plaintiff’s costs. The court also granted liberty to apply on 7 days notice if further orders are required, including any application by the plaintiff to have the amount of the judgment varied to an amount beyond $750,000.