Texcrete Pty Limited v Khavin & 1 Ors

The appeal and cross-appeal concerned a claim brought by the first respondent, an employee, against the appellant, his employer, and the second respondent, a company that had engaged the appellant's services. The dispute arose from injuries sustained by the first respondent while operating a machine at a construction site. The first respondent alleged breaches of statutory duty and negligence.

The primary legal issues before the court were whether the appellant had breached its statutory duty under section 27 of the *Factories, Shops & Industries Act 1962* by failing to fence a dangerous machine, and whether either the appellant or the second respondent had breached their respective duties of care to the first respondent in negligence. The court was also required to consider the assessment of damages, although this aspect was not the central focus of the appeal.

The court found that the appellant had not breached its statutory duty as the machine in question was not a "dangerous machine" within the meaning of section 27 of the *Factories, Shops & Industries Act 1962*. Furthermore, the court determined that the appellant had not breached its duty of care to the first respondent in negligence, and similarly, the second respondent was not found to have breached its duty of care. The court applied established principles of negligence and statutory interpretation to reach these conclusions.

Consequently, the appeal and cross-appeal were dismissed. The appellant was ordered to pay the costs of both the first and second respondents.