Pacific Access Pty Limited v Davies [2001] NSWCA 218

Pacific Access Pty Limited v Davies [2001] NSWCA 218

By majority, the Court held that the trial judge was entitled to find that Port Moresby, including the area in which Mrs Davies was attacked, presented a real and substantial risk to visiting employees; that Pacific Access should have evaluated the risk and provided adequate warnings and precautions; and that the inadequate advice and precautions caused Mrs Davies not to take appropriate steps to avoid the attack. The majority also considered that liability could be supported on the notice of contention ground that Pacific Access failed to provide a driver or person able to defend the employee. The appeal was dismissed with costs.

Jurisdiction
Australia
Judgment Date
12 July 2001
Procedural Posture
Appeal in Negligence Damages Claim by Employee Against Employer for Personal Injuries / Appeal From Supreme Court of New South Wales, Common Law Division; Appeal Pursued Only as to Liability
Outcome
Appeal dismissed with costs by majority.
Legal Topics
['employer Duty of Care' 'safe System of Work' 'workplace Safety Outside Employer Premises' 'foreseeability of Criminal Assault by Third Party' 'breach of Duty' 'causation' 'contributory Negligence' 'voluntary Assumption of Risk']
['tort Law' 'employment Law' 'personal Injury'] ['employer Duty of Care' 'safe System of Work' 'workplace Safety Outside Employer Premises' 'foreseeability of Criminal Assault by Third Party' 'breach of Duty' 'causation' 'contributory Negligence' 'voluntary Assumption of Risk']

Case Brief

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Procedural Posture

Appeal in Negligence Damages Claim by Employee Against Employer for Personal Injuries / Appeal From Supreme Court of New South Wales, Common Law Division; Appeal Pursued Only as to Liability

Legal Issues

  1. 1 ['Whether the trial judge erred in finding that Pacific Access owed and breached a duty of care to Mrs Davies in relation to risks of assault while working in Port Moresby.' 'Whether the trial judge made erroneous findings of fact about the dangerousness of Port Moresby and the area where the assault occurred.' 'Whether it was open to the trial judge, having regard to the way the trial was conducted, to rely on matters including the need for expert security advice, warnings about carrying bags, and warnings about alighting from vehicles.' 'Whether failure to provide a driver or escort, or to give further security warnings, constituted breach of duty and caused the injuries.']

Ratio Decidendi

By majority, the Court held that the trial judge was entitled to find that Port Moresby, including the area in which Mrs Davies was attacked, presented a real and substantial risk to visiting employees; that Pacific Access should have evaluated the risk and provided adequate warnings and precautions; and that the inadequate advice and precautions caused Mrs Davies not to take appropriate steps to avoid the attack. The majority also considered that liability could be supported on the notice of contention ground that Pacific Access failed to provide a driver or person able to defend the employee. The appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs by majority.

Orders

  • ['Appeal dismissed with costs.']