Scott & v McMahon & 2 Ors

The appellant, Scott, brought proceedings against the respondent, McMahon & 2 Ors, a training provider, alleging negligence. Scott sustained a back injury while undertaking work experience at a furniture factory, an arrangement facilitated by the respondent under an agreement with the Commonwealth Department of Education, Employment and Workplace Relations. The dispute centred on whether the respondent owed Scott a duty of care and, if so, whether that duty was breached.

The court was required to determine the scope of the respondent's duty of care to the appellant, particularly in the context of placing the appellant in a work experience environment. Specifically, the court had to consider whether the respondent breached its duty by failing to take reasonable steps to prepare the appellant for the risks associated with heavy lifting in the furniture factory, and whether the risk of injury was foreseeable. The court also considered whether the respondent owed a non-delegable duty of care to the appellant.

The court found that the respondent did not breach its ordinary duty of care. It reasoned that the steps taken by the respondent to prepare the appellant were reasonable in the circumstances, and the risk of injury from heavy lifting was not sufficiently foreseeable to warrant further preventative measures. Furthermore, the court determined that no non-delegable duty of care was established in this instance.

Consequently, the appeal was dismissed with costs.