Whisprun Pty Ltd v Sams

Whisprun Pty Ltd appealed to the Full Federal Court against a judgment of a single judge of that court, which found Whisprun liable for negligence in relation to injuries sustained by its former employee, Mr. Sams. Mr. Sams had alleged that Whisprun breached its duty of care to him as an employer, and that this breach caused his injuries.

The Full Federal Court was required to determine whether the primary judge erred in finding that Whisprun had breached its duty of care to Mr. Sams and, if so, whether that breach caused Mr. Sams' injuries. The appeal also concerned the assessment of damages.

The Full Federal Court upheld the primary judge's findings. It reasoned that an employer owes a duty to take reasonable steps to protect its employees from foreseeable risks of injury. The court found that Whisprun had failed to implement adequate safety measures, thereby breaching its duty of care. Furthermore, the court was satisfied that the breach of duty was a causative factor in Mr. Sams' injuries, applying the principles of causation in negligence. The appeal was dismissed with costs.