Williams v Metcash Trading Ltd

The appeal concerned a claim by the appellant, a picker packer, against his host employer, Metcash Trading Ltd, for injuries sustained in the course of his employment. The appellant alleged that the employer had breached its duty of care by requiring him to pick heavy cartons stored at a low height, and that this breach caused his harm. The primary judge had found a breach of duty but also found contributory negligence on the part of the appellant, and had accepted evidence that the appellant's pain syndrome was caused by a physical injury.

The appellate court was required to determine whether the primary judge erred in finding that the host employer breached its duty of care to the appellant by requiring him to pick heavy cartons stored at a low height. Further, the court had to consider whether any such breach was causative of the appellant’s harm, and whether the primary judge erred in finding contributory negligence in circumstances where the worker was required to adopt a particular system of work. Finally, the court was asked to determine whether the primary judge erred in accepting the evidence that the appellant's pain syndrome was caused by a physical injury.

The Court of Appeal allowed the appeal, finding that the primary judge had erred in certain respects. The court set aside the orders of the District Court and directed the entry of judgment for the plaintiff, with the amount to be calculated in accordance with the reasons of the primary judge and the appellate court. The respondent was ordered to pay the appellant's costs of the proceedings below and of the appeal.