Scone Race Club Ltd v Cottom

Scone Race Club Ltd (the Club) appealed to the Court of Appeal of New South Wales against a judgment of the District Court which found the Club liable for injuries sustained by Mr Cottom (the Worker), an employee. The dispute concerned whether the Club had breached its duty of care to the Worker by failing to install concrete pads for rubbish bins.

The Court of Appeal was required to determine two primary legal issues. Firstly, whether the Club had breached the duty of care it owed to the Worker as its employee. Secondly, the Court considered whether leave should be granted to the Club to raise an argument by notice of contention that had not been advanced on the pleadings and had not been put to witnesses at trial.

The Court refused leave to rely upon the notice of contention, finding that it would be unfair to allow the argument to be raised at that stage. On the substantive appeal, the Court allowed the Club's appeal and dismissed the Worker's cross-appeal. The Court reasoned that the District Court had erred in finding that reasonable care on the part of the Club required the installation of concrete pads for the rubbish bins. The Court concluded that the Club had not breached its duty of care to the Worker. Consequently, the orders of the District Court were set aside, and judgment was entered for the defendant Club, with the plaintiff Worker to pay the defendant's costs. The respondent Worker was ordered to pay the appellant Club's costs of the appeal.