Thomas and Coffey Australia Pty Ltd v Batista

In *Thomas and Coffey Australia Pty Ltd v Batista* [1995] NSWCA 469, the New South Wales Court of Appeal considered a dispute between Thomas and Coffey Australia Pty Ltd (the appellant) and Mr. Batista (the respondent). The case concerned the respondent's claim for damages arising from alleged negligence on the part of the appellant.

The primary legal issue before the Court of Appeal was whether the appellant owed a duty of care to the respondent in the circumstances of the case, and if so, whether that duty had been breached, causing the respondent loss. The court was required to determine the scope of the appellant's responsibility and whether their actions or omissions fell below the standard of reasonable care expected of them.

The Court of Appeal analysed the relationship between the parties and the nature of the services provided by the appellant. It applied established principles of negligence law, considering foreseeability of harm, proximity, and whether it was fair, just, and reasonable to impose a duty of care. The court examined the evidence presented to ascertain whether the appellant's conduct had fallen short of the required standard of care and whether this failure had caused the respondent's injuries. The court ultimately found that the appellant had breached its duty of care to the respondent.

The Court of Appeal dismissed the appeal and affirmed the decision of the lower court, ordering that the appellant pay the respondent's costs.