WorkCover Authority of New South Wales v Edbrooke (T/as Gordon Trained Nurses Club and Ors)

The WorkCover Authority of New South Wales (the Authority) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales concerning the liability of Mr Edbrooke, trading as the Gordon Trained Nurses Club, and others, for a breach of the *Occupational Health and Safety Act 1983* (NSW). The dispute arose from an incident where a nurse suffered injury due to a failure to provide a safe working environment.

The central legal issue before the Court of Appeal was whether the primary judge had erred in finding that the respondents had discharged their duty of care under the *Occupational Health and Safety Act 1983* (NSW) by implementing a system of work that was, in the circumstances, reasonably practicable. Specifically, the court had to consider the adequacy of the safety measures put in place by the respondents in light of the foreseeable risks associated with the work being performed by the nurse.

The Court of Appeal, in its reasoning, applied the principles of negligence and the statutory duty of care imposed by the *Occupational Health and Safety Act 1983* (NSW). It considered the concept of "reasonably practicable" in the context of preventing foreseeable harm. The court found that the primary judge had correctly assessed the evidence and concluded that the respondents had taken all reasonably practicable steps to ensure the health and safety of their employees. The court affirmed that the duty imposed by the Act was to take all reasonably practicable steps, not to eliminate all risk, and that the implemented system of work was sufficient to meet this standard.

The appeal was dismissed.