Nestlé Australia Ltd v Metri [2021] NSWCA 303

Nestlé Australia Ltd v Metri [2021] NSWCA 303

The risk was sufficiently identified as the risk of a forklift operator being dislodged while the forklift was still in motion. Nestlé knew, through the earlier 10 August 2012 incident, that forklift 432 had behaved erratically by over-speeding and braking, creating a serious risk to operators, but it failed to implement an adequate system to communicate that defect to Linde. Had the full account been given, the Linde technician would not have returned the forklift to service until the fault was identified and rectified, so Nestlé's breach caused Mr Metri's injury. Linde was not liable because it was given only limited information, did not breach its duty of reasonable care in diagnosis...

Jurisdiction
Australia
Judgment Date
10 December 2021
Procedural Posture
Negligence Appeal and Cross Appeal Arising From Workplace Forklift Injury Proceedings and Cross Claim / Appeal From Judgment of the Supreme Court of Nsw, Common Law Division, Dated 7 April 2021
Outcome
Appeal dismissed; cross-appeal dismissed; Nestlé ordered to pay costs of Mr Metri and Linde in the Court of Appeal.
Legal Topics
['breach of Duty' 'risk of Harm' 'reasonable Precautions' 'factual Causation' 'forklift Maintenance and Repair' 'seatbelt or Operator Restraint' 'cross Claim Against Repairer']
['negligence' 'personal Injury' 'motor Accidents Damages' 'workers Compensation'] ['breach of Duty' 'risk of Harm' 'reasonable Precautions' 'factual Causation' 'forklift Maintenance and Repair' 'seatbelt or Operator Restraint' 'cross Claim Against Repairer']

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Procedural Posture

Negligence Appeal and Cross Appeal Arising From Workplace Forklift Injury Proceedings and Cross Claim / Appeal From Judgment of the Supreme Court of Nsw, Common Law Division, Dated 7 April 2021

Legal Issues

  1. 1 ['Whether the primary judge identified the risk of harm at an undue level of generality and whether the risk was foreseeable.' "Whether a reasonable person in Nestlé's position would have fitted a seatbelt or other restraint on the forklift or established a more adequate system for communicating forklift defects to Linde." 'Whether Nestlé breached its duty of care to Mr Metri by failing to take reasonable precautions.' "Whether Nestlé's failure to adequately communicate the defect in the forklift to Linde caused the harm suffered by Mr Metri." 'Whether Linde was liable in negligence to Mr Metri or liable to Nestlé on the cross-claim.']

Ratio Decidendi

The risk was sufficiently identified as the risk of a forklift operator being dislodged while the forklift was still in motion. Nestlé knew, through the earlier 10 August 2012 incident, that forklift 432 had behaved erratically by over-speeding and braking, creating a serious risk to operators, but it failed to implement an adequate system to communicate that defect to Linde. Had the full account been given, the Linde technician would not have returned the forklift to service until the fault was identified and rectified, so Nestlé's breach caused Mr Metri's injury. Linde was not liable because it was given only limited information, did not breach its duty of reasonable care in diagnosis...

Court Disposition

Appeal dismissed; cross-appeal dismissed; Nestlé ordered to pay costs of Mr Metri and Linde in the Court of Appeal.

Orders

  • ['Dismiss the appeal by Nestlé Australia Ltd against the judgment in the Common Law Division of 7 April 2021.' 'Dismiss the cross-appeal by Toufic Metri filed on 7 July 2021.' 'Order that Nestlé Australia Ltd pay the costs of Mr Metri and Linde Material Handling Pty Ltd in this Court.']