MENDE v LEIGHTON CONTRACTORS PTY LTD [1993] NSWCA 178

MENDE v LEIGHTON CONTRACTORS PTY LTD [1993] NSWCA 178

There was no evidence fit to go to the jury on contributory negligence; having found the employer failed to provide a safe system and the appellant acted within that system, contributory negligence could not be established, nor could a 40% apportionment be found on the evidence.

Parties
Appellant: Mende; Respondent: Leighton Contractors Pty Ltd
Jurisdiction
Australia
Judgment Date
23 March 1993
Procedural Posture
Appeal / Judgment on Appeal From Jury Verdict, Supreme Court of New South Wales Court of Appeal
Outcome
Appeal upheld; new trial ordered limited to liability; respondent to pay appellant's costs with certificate under Suitors Fund Act.
Legal Topics
Negligence, Contributory Negligence, Safe System of Work, Apportionment of Liability
Tort Law Employment Law Negligence Contributory Negligence Safe System of Work Apportionment of Liability

Case Brief

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Parties

Mende

Appellant

Leighton Contractors Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Jury Verdict, Supreme Court of New South Wales Court of Appeal

Legal Issues

  1. 1 Whether there was evidence to support a finding of contributory negligence against the appellant.
  2. 2 Whether the apportionment of 40% blame to the appellant was reasonably open on the evidence.

Ratio Decidendi

There was no evidence fit to go to the jury on contributory negligence; having found the employer failed to provide a safe system and the appellant acted within that system, contributory negligence could not be established, nor could a 40% apportionment be found on the evidence.

Court Disposition

Appeal upheld; new trial ordered limited to liability; respondent to pay appellant's costs with certificate under Suitors Fund Act.

Orders

  • Appeal upheld.
  • New trial ordered limited to liability.