Bauer Media Pty Ltd t/as Network Services Company v Khedrlarian [2018] NSWCA 208

Bauer Media Pty Ltd t/as Network Services Company v Khedrlarian [2018] NSWCA 208

The trial judge's findings as to breach of duty in relation to rotation, supervision, training, and risk assessment miscarried, as they were inconsistent with unchallenged competing evidence and failed to reconcile conflicting testimony. The judgment lacked adequate findings of causation and primary facts necessary for determining liability and damages. As a result, both the appeal and cross-appeal were allowed and the orders set aside; the matter was remitted for retrial.

Jurisdiction
Australia
Judgment Date
20 September 2018
Procedural Posture
Appeal / Judgment of Court of Appeal Following Appeal and Cross Appeal Against District Court Decision
Outcome
Appeal and cross-appeal allowed; orders set aside; retrial ordered.
Legal Topics
['negligence' 'employee Injury' 'employer Liability' 'occupier Liability' 'risk Assessment' 'workplace Supervision' 'training' 'causation' 'evidence' 'procedural Rules']
['tort Law' 'employment Law'] ['negligence' 'employee Injury' 'employer Liability' 'occupier Liability' 'risk Assessment' 'workplace Supervision' 'training' 'causation' 'evidence' 'procedural Rules']

Case Brief

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Procedural Posture

Appeal / Judgment of Court of Appeal Following Appeal and Cross Appeal Against District Court Decision

Legal Issues

  1. 1 ['Whether the primary judge erred in findings of breach of duty regarding rotation, supervision, training, and risk assessment' 'Whether causation was properly addressed and established' 'Whether primary facts regarding the mechanism and circumstances of injury were found' 'Whether the process of fact finding miscarried']

Ratio Decidendi

The trial judge's findings as to breach of duty in relation to rotation, supervision, training, and risk assessment miscarried, as they were inconsistent with unchallenged competing evidence and failed to reconcile conflicting testimony. The judgment lacked adequate findings of causation and primary facts necessary for determining liability and damages. As a result, both the appeal and cross-appeal were allowed and the orders set aside; the matter was remitted for retrial.

Court Disposition

Appeal and cross-appeal allowed; orders set aside; retrial ordered.

Orders

  • ['Appeal and cross-appeal allowed.' 'Set aside the orders made on 24 November 2017.' 'Remit the proceedings to the District Court for retrial.' 'Costs of the first trial to be within the discretion of the Court which hears and determines the retrial.' 'Ms Khedrlarian to pay the costs of Bauer Media Pty Ltd and the...