Bauer Media Pty Ltd v Khedrlarian [2020] NSWCA 288

Bauer Media Pty Ltd v Khedrlarian [2020] NSWCA 288

The appeal was allowed because the primary judge erred in finding a breach of duty. The decision lacked requisite specificity regarding the precaution (job rotation), failed to identify evidence that adequate job rotation would have altered the risk, and erroneously admitted an expert report based on false assumptions. Without evidence of a feasible, effective precaution that would have prevented injury, a finding of breach was not open. The plaintiff's claim was therefore dismissed.

Jurisdiction
Australia
Judgment Date
18 November 2020
Procedural Posture
Civil Appeal / Appeal From District Court Judgment Post Retrial
Outcome
Appeal allowed. District Court judgment set aside. Plaintiff's claim dismissed against both defendants.
Legal Topics
['breach of Duty of Care' 'workplace Injury' 'safe System of Work' 'particularisation of Precautions' 'admissibility of Expert Evidence']
['torts' 'negligence' 'occupational Health and Safety'] ['breach of Duty of Care' 'workplace Injury' 'safe System of Work' 'particularisation of Precautions' 'admissibility of Expert Evidence']

Case Brief

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Procedural Posture

Civil Appeal / Appeal From District Court Judgment Post Retrial

Legal Issues

  1. 1 ['Whether the primary judge erred in finding breach of duty of care by failing to specify the precautions required to obviate risk (task rotation)' 'Whether there was evidence that job rotation would have minimised or obviated risk' 'Whether expert evidence relied upon was properly admitted and had probative value' 'Whether causation was established in the absence of precise precaution']

Ratio Decidendi

The appeal was allowed because the primary judge erred in finding a breach of duty. The decision lacked requisite specificity regarding the precaution (job rotation), failed to identify evidence that adequate job rotation would have altered the risk, and erroneously admitted an expert report based on false assumptions. Without evidence of a feasible, effective precaution that would have prevented injury, a finding of breach was not open. The plaintiff's claim was therefore dismissed.

Court Disposition

Appeal allowed. District Court judgment set aside. Plaintiff's claim dismissed against both defendants.

Orders

  • ['Allow the appeal by Bauer Media and set aside orders 2, 4, 6, 9 and 11 made in the District Court on 4 October 2019.' "Dismiss, as against the first defendant, the plaintiff's amended statement of claim filed on 17 March 2017." 'Order that the plaintiff pay the costs of the first defendant in the District Court.'...