BAZINA v THOMAS COFFEY CONSTRUCTIONS PTY LTD [1989] NSWCA 17

BAZINA v THOMAS COFFEY CONSTRUCTIONS PTY LTD [1989] NSWCA 17

The jury's rejection of the appellant’s unchallenged and corroborated evidence as to the circumstances and manner of injury was irrational and unsupported; reasonable jurors could not, properly directed, have returned their verdict on the evidence. A new trial should be ordered.

Parties
Appellant: Bazina; Respondent: Thomas Coffey Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
20 June 1989
Procedural Posture
Appeal / New Trial Ordered After Appeal
Outcome
Appeal upheld
Legal Topics
Employer's Duty of Care, Negligence, Statutory Duty, Workplace Safety, Jury Verdicts
Torts Employment Law Employer's Duty of Care Negligence Statutory Duty Workplace Safety Jury Verdicts

Case Brief

Summary, issues, holding and outcome

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Parties

Bazina

Appellant

Thomas Coffey Constructions Pty Ltd

Respondent

Procedural Posture

Appeal / New Trial Ordered After Appeal

Legal Issues

  1. 1 Whether the jury's verdict against the appellant on liability was reasonable on the evidence
  2. 2 Whether the employer breached its duty of care at common law and/or statutory duty to provide safe means of access
  3. 3 Whether absence of expert evidence defeated the negligence claim

Ratio Decidendi

The jury's rejection of the appellant’s unchallenged and corroborated evidence as to the circumstances and manner of injury was irrational and unsupported; reasonable jurors could not, properly directed, have returned their verdict on the evidence. A new trial should be ordered.

Court Disposition

Appeal upheld

Orders

  • Verdict and judgment set aside
  • New trial generally ordered