JONES v CASEY and ANOR [1991] NSWCA 161

JONES v CASEY and ANOR [1991] NSWCA 161

The employer’s duty of care exists, but the evidence did not establish that any breach by the employer was causally related to the worker’s injuries; contributory claims required expert evidence and clear pleading, both lacking here, so the claim for contribution was properly rejected.

Parties
Appellant: Mr Roger Jones; First Respondent: Mr John Casey; Second Respondent: Loneragan Flour Mills Pty Limited
Jurisdiction
Australia
Judgment Date
27 February 1991
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Joint Tortfeasors, Contribution, Negligence, Duty of Care, Causation, Breach of Duty, Safe System of Work
Tort Law Employment Law Joint Tortfeasors Contribution Negligence Duty of Care Causation Breach of Duty +1 more

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Parties

Mr Roger Jones

Appellant

Mr John Casey

First Respondent

Loneragan Flour Mills Pty Limited

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether employer's alleged negligence contributed to worker's injuries
  2. 2 Whether employer failed to provide a safe system of work
  3. 3 Whether breach of duty was causally related to damage suffered

Ratio Decidendi

The employer’s duty of care exists, but the evidence did not establish that any breach by the employer was causally related to the worker’s injuries; contributory claims required expert evidence and clear pleading, both lacking here, so the claim for contribution was properly rejected.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed.
  • Appellant to pay respondents' costs.