Sheridan & Anor v Borgmeyer [2006] NSWCA 201

Procedural Posture

Negligence Personal Injury Appeal and Cross Appeal / Appeal From District Court Judgment of Walmsley DCJ

Legal Issues

1. 1 ['Whether the appellants breached their duty of care by failing to provide a guardrail around a raised shearing platform.' "Whether any breach caused the respondent's injuries, including whether the respondent fell down the stairs or from the platform edge." 'Whether the respondent was contributorily negligent.' 'Whether the trial judge erred by failing to award damages for past gratuitous attendant care services beyond one year and for future gratuitous attendant care services, and by failing to give adequate reasons.']

Ratio Decidendi

The appeal was dismissed because it was open to the trial judge to find that a reasonable occupier would have foreseen a risk of serious injury from a fall from the raised shearing platform and would have responded by installing a guardrail, particularly in light of the platform height, the appellants' awareness of the risk, the Australian Standard, and the absence of significant impediment to work. It was also open to find causation because the respondent fell from the platform rather than down the stairs and a guardrail returning along the platform would have restrained him. The respondent was not contributorily negligent because the accident occurred when machinery unexpectedly gave...

Court Disposition

Appeal dismissed; cross-appeal allowed.

Orders

• ['The appeal is dismissed.' "The appellants are to pay the respondent's costs of the appeal, such costs to be on an indemnity basis from 2 February 2006." 'The cross appeal is allowed. The verdict of $361,459.90 ordered by the trial judge is set aside.' 'Verdict for the respondent in the sum of $439,072.57 together...