Wylie v The ANI Corporation Limited

Wylie brought an action against The ANI Corporation Limited seeking damages for injuries sustained in a workplace accident. Wylie was operating an overhead crane when a bolster swung against him, causing injury. The District Court found that Wylie's employer had not provided any training or a safe system of work, and Wylie himself had acted negligently. The trial judge held that Wylie's employer was liable for negligence and Wylie was 50% contributory negligent. The judge granted Wylie full damages for breach of contract, applying Astley v Austrust Ltd, and dismissed the employer's claim to reduce damages for Wylie's contributory negligence. The employer appealed, arguing that Wylie's negligence was the true cause of his injuries and that the employer's breach was not the cause. The employer also argued that the court should not apply the contemporary test of causation in negligence when the cause of action is for breach of contract.

The court considered whether an implied term existed in the employment contract for Wylie to carry out his duties with due care and skill. The court held that such an implied term existed, and that Wylie's breach of this term caused his injuries. However, the court held that the employer's breach of its own contractual obligation to provide a safe system of work also caused Wylie's injuries. The court held that Wylie's employer was liable for damages for its breach of contract, and that Wylie's contributory negligence could not reduce the employer's liability. The court held that Astley v Austrust Ltd meant that the employer could not reduce its liability for its breach of contract because of Wylie's contributory negligence.

The appeal was dismissed. The court held that Wylie's employer was liable for the full amount of damages awarded by the trial judge. Wylie's employer was ordered to pay Wylie's costs of the appeal and the application for leave to appeal. The costs of the appeal were to be assessed.