Stevens v Brodribb Sawmilling Co Pty Ltd

Stevens (the appellant) brought proceedings against Brodribb Sawmilling Co Pty Ltd (the respondent) in the Supreme Court of New South Wales, seeking damages for personal injuries sustained when a tree he was felling fell on him. The appellant was engaged by the respondent to fell trees on the respondent's property. The appellant alleged that the respondent was negligent in failing to provide a safe system of work, specifically by failing to warn him of the dangerous nature of the particular tree he was felling and by failing to provide him with adequate assistance. The trial judge found in favour of the respondent, and the appellant appealed to the High Court of Australia.

The High Court was required to determine whether the respondent owed a duty of care to the appellant, and if so, whether that duty had been breached. Specifically, the court considered whether the respondent had been negligent in its selection of the appellant for the task, in failing to provide adequate supervision or assistance, and in failing to warn the appellant of any specific dangers associated with the tree. The court also had to consider the extent to which the appellant, as an experienced woodsman, bore responsibility for his own safety.

The High Court, by majority, held that the respondent did owe a duty of care to the appellant. The court reasoned that where an employer engages an independent contractor to perform work, and the employer retains a degree of control over the manner in which the work is performed, or where the work is of a dangerous nature, a duty of care may arise. In this instance, the respondent had retained some control over the appellant's activities and had not adequately warned him of the specific dangers of the tree. The court found that the respondent had breached its duty of care by failing to take reasonable steps to ensure the appellant's safety, particularly in relation to the provision of assistance. The appeal was allowed, and the matter was remitted to the Supreme Court for assessment of damages.