Stojceska v Australian Iron and Steel Pty Ltd

In *Stojceska v Australian Iron and Steel Pty Ltd*, the New South Wales Court of Appeal considered an appeal from a decision of the District Court concerning a claim for damages for personal injury. The appellant, Ms. Stojceska, had suffered injuries while employed by the respondent, Australian Iron and Steel Pty Ltd.

The primary legal issues before the Court of Appeal were whether the respondent had breached its duty of care to the appellant, and if so, whether that breach had caused the appellant's injuries. The court also had to consider the appellant's contribution to her own injuries, if any, and the appropriate assessment of damages.

The Court of Appeal analysed the evidence presented regarding the circumstances of the appellant's injury, particularly the nature of the work she was performing and the safety measures in place. The court applied established principles of negligence, focusing on the foreseeability of harm and the reasonableness of the employer's actions or omissions. It was held that the respondent had breached its duty of care by failing to provide a safe system of work. However, the court also found that the appellant had been contributorily negligent, and this contributed to her injuries. Consequently, the damages awarded were reduced to reflect this contributory negligence.