Australian Iron and Steel Ltd v Ryan [1957] HCA 25

Australian Iron and Steel Ltd v Ryan [1957] HCA 25

Sub-regulations (2) and (5) of regulation 73 of the Scaffolding and Lifts Regulations, made under the Scaffolding and Lifts Act 1912-1948 (N.S.W.), created duties whose breach confers a private right of action for damages on persons injured during building work. These regulations are within the authority of s. 22 (2) (g) (v), and the imposition of a statutory penalty does not preclude a civil remedy for breach. The High Court upheld the decision of the Supreme Court of New South Wales, dismissing the appeal.

Parties
Appellant, Defendant: Australian Iron and Steel Limited; Respondent, Plaintiff: Edward John Ryan
Jurisdiction
Australia
Procedural Posture
Appeal / High Court of Australia Appeal From Supreme Court of New South Wales (full Court) Decision in Demurrer
Outcome
Appeal dismissed with costs
Legal Topics
Breach of Statutory Duty, Civil Liability for Statutory Breaches, Workplace Safety Regulations
Torts Statutory Interpretation Labour Law Breach of Statutory Duty Civil Liability for Statutory Breaches Workplace Safety Regulations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Australian Iron and Steel Limited

Appellant, Defendant

Edward John Ryan

Respondent, Plaintiff

Procedural Posture

Appeal / High Court of Australia Appeal From Supreme Court of New South Wales (full Court) Decision in Demurrer

Legal Issues

  1. 1 Whether regulation 73 (2) and (5) of the Scaffolding and Lifts Regulations create private civil rights of action for breach resulting in injury
  2. 2 Whether the regulations were within statutory authority conferred by s. 22 (2) (g) (v) of the Scaffolding and Lifts Act 1912-1948 (N.S.W.)
  3. 3 Whether the presence of a statutory penalty precludes a private civil remedy

Ratio Decidendi

Sub-regulations (2) and (5) of regulation 73 of the Scaffolding and Lifts Regulations, made under the Scaffolding and Lifts Act 1912-1948 (N.S.W.), created duties whose breach confers a private right of action for damages on persons injured during building work. These regulations are within the authority of s. 22 (2) (g) (v), and the imposition of a statutory penalty does not preclude a civil remedy for breach. The High Court upheld the decision of the Supreme Court of New South Wales, dismissing the appeal.

Court Disposition

Appeal dismissed with costs

Orders

  • Judgment for respondent/plaintiff Edward John Ryan on demurrer;
  • Appellant to pay costs.