THE ELECTRICITY COMMISSION v KIRKMAN [1995] NSWCA 141

THE ELECTRICITY COMMISSION v KIRKMAN [1995] NSWCA 141

It was open to the trial judge to accept expert evidence that the respondent's hearing loss was noise induced and causally connected to the appellant's negligence in failing to provide adequate protection and a safe system of work; no error was shown in that finding.

Source-derived case information.

Parties
Appellant: Electricity Commission; Respondent: Kirkman
Jurisdiction
Australia
Judgment Date
15 September 1995
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Negligence, Causation, Industrial Deafness, Safe System of Work
Tort Negligence Causation Industrial Deafness Safe System of Work

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Parties

Electricity Commission

Appellant

Kirkman

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent's industrial deafness was caused by the appellant's failure to provide a safe system of work.

Ratio Decidendi

It was open to the trial judge to accept expert evidence that the respondent's hearing loss was noise induced and causally connected to the appellant's negligence in failing to provide adequate protection and a safe system of work; no error was shown in that finding.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs