Australian Iron & Steel Pty Ltd v Krstevski [1973] HCA 42

Australian Iron & Steel Pty Ltd v Krstevski [1973] HCA 42

The appeal was allowed because there was no evidence that the employer failed to take a reasonable and practicable precaution that would have lessened the risk of injury from a blowout. The suggested precautions of barriers or shields and restricting slagging work to times when the furnace was not under pressure were not supported by evidence, and common knowledge could not establish their feasibility in the complex blast furnace operation. The mere fact that the employee worked near a furnace that could occasionally eject molten material did not prove negligence, and to hold otherwise would impose absolute liability rather than liability for breach of a duty of reasonable care.

Jurisdiction
Australia
Procedural Posture
Appeal in an Employer Negligence Action for Workplace Injury / High Court Appeal From the Supreme Court of New South Wales Court of Appeal Division
Outcome
Appeal allowed with costs; orders of the Supreme Court of New South Wales Court of Appeal Division set aside; verdict directed for the defendant with costs.
Legal Topics
["employer's Duty of Care" 'workplace Injury' 'negligence' 'unsafe System of Work' 'evidence of Breach' 'res Ipsa Loquitur']
['tort Law' 'employment Law'] ["employer's Duty of Care" 'workplace Injury' 'negligence' 'unsafe System of Work' 'evidence of Breach' 'res Ipsa Loquitur']

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Procedural Posture

Appeal in an Employer Negligence Action for Workplace Injury / High Court Appeal From the Supreme Court of New South Wales Court of Appeal Division

Legal Issues

  1. 1 ["Whether there was evidence upon which a jury could find that the employer failed to take reasonable care for the employee's safety." 'Whether the existence of a real or extreme risk of serious injury, without proof of a reasonably available precaution, was sufficient evidence of negligence.' 'Whether suggested precautions such as barriers, shields, or restricting work to times when the furnace was not under pressure were supported by evidence.' 'Whether the Court of Appeal had effectively converted negligence liability into absolute liability for operating the furnace with workers nearby.']

Ratio Decidendi

The appeal was allowed because there was no evidence that the employer failed to take a reasonable and practicable precaution that would have lessened the risk of injury from a blowout. The suggested precautions of barriers or shields and restricting slagging work to times when the furnace was not under pressure were not supported by evidence, and common knowledge could not establish their feasibility in the complex blast furnace operation. The mere fact that the employee worked near a furnace that could occasionally eject molten material did not prove negligence, and to hold otherwise would impose absolute liability rather than liability for breach of a duty of reasonable care.

Court Disposition

Appeal allowed with costs; orders of the Supreme Court of New South Wales Court of Appeal Division set aside; verdict directed for the defendant with costs.

Orders

  • ['Appeal allowed with costs.' 'Orders of the Supreme Court of New South Wales Court of Appeal Division set aside.' 'In lieu thereof order that the appeal to that Court be allowed with costs and a verdict directed to be entered for the defendant with costs.']