Smith v Coles Supermarkets Australia Pty Ltd t/as Coles Distribution Centre; Ready Workforce (A Division of Chandler Macleod) Pty Ltd v Coles Supermarkets Australia Pty Ltd

The appeal concerned a worker, Mr Smith, who was injured while working at a Coles Distribution Centre. Mr Smith brought proceedings against Coles Supermarkets Australia Pty Ltd (Coles) alleging negligence. Ready Workforce (a division of Chandler Macleod) Pty Ltd, the labour-hire company that employed Mr Smith, also brought a cross-claim against Coles. The primary judge found that Coles had discharged its duty of care and was not negligent. The appeal was heard by Leeming JA, Emmett AJA, and Adamson J of the Court of Appeal.

The central legal issues before the Court of Appeal were whether the primary judge erred in failing to address the case as presented by the parties, specifically regarding the non-provision of a "pick stick" as a means to avoid the risk of injury. The court was also required to determine whether Coles was negligent and whether Mr Smith had been contributorily negligent. In relation to the cross-claim, the court considered whether damages should have been awarded to Ready Workforce for costs incurred in defending the claim.

The Court of Appeal dismissed the appeals. The judges found that the primary judge had adequately addressed the case put by the parties and that the conclusion that Coles had discharged its duty of care was open on the evidence. The court affirmed the primary judge's finding that the non-provision of a pick stick did not constitute negligence on the part of Coles. Consequently, the appeals brought by Mr Smith and Ready Workforce were dismissed.

The appeals were dismissed with costs.