GLENCOR CONSTRUCTIONS PTY LTD v EVANS [1997] NSWCA 125

GLENCOR CONSTRUCTIONS PTY LTD v EVANS [1997] NSWCA 125

The employer was negligent in failing to supervise and instruct the employee to remove the cistern safely to the floor before demolition; the trial judge's findings on liability and contributory negligence could not be assailed.

Parties
Appellant: Glencor Constructions Pty Ltd; Respondent: Evans
Jurisdiction
Australia
Judgment Date
06 August 1997
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Employer's Duty of Care, Contributory Negligence, Workplace Injury
Torts Employment Law Occupational Health and Safety Negligence Employer's Duty of Care Contributory Negligence Workplace Injury

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Parties

Glencor Constructions Pty Ltd

Appellant

Evans

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there was evidence of negligence by the employer
  2. 2 Whether the assessment of contributory negligence was correct

Ratio Decidendi

The employer was negligent in failing to supervise and instruct the employee to remove the cistern safely to the floor before demolition; the trial judge's findings on liability and contributory negligence could not be assailed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs