Twynam Pastoral Co Pty Ltd v Bennett

Twynam Pastoral Co Pty Ltd (appellant) appealed to the Full Court of the Supreme Court of New South Wales against a judgment of a single judge, which had found it liable in negligence to Mr. Bennett (respondent) for injuries sustained while he was employed by the appellant. The respondent had also cross-appealed regarding the quantum of damages awarded. The dispute concerned whether the appellant, as an employer and occupier of the premises where the respondent worked, had breached its duty of care to provide a safe workplace.

The Full Court was required to determine whether the appellant owed a duty of care to the respondent to provide a safe workplace, and if so, whether that duty had been breached. Specifically, the court had to consider whether the appellant's knowledge of the risks associated with the work being performed was sufficient to establish a duty of care, and whether the conduct of the respondent was reasonably foreseeable by the appellant.

The Full Court upheld the primary judge's finding that the appellant owed a duty of care to the respondent. The court reasoned that the appellant, as an employer, had a non-delegable duty to take reasonable steps to provide a safe system of work. This duty extended to ensuring that the workplace was safe and that the risks associated with the work were adequately managed. The court found that the appellant had failed to take such reasonable steps, and that the injury sustained by the respondent was a foreseeable consequence of this failure. The conduct of the respondent was also considered, but the court concluded that the appellant's breach of duty was causative of the injury.

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