Julie Walker v Top Hut Banoon Pastoral Co Pty Limited trading as Trustee the Wakefield Family Trust; ; Shear Away Pty Limited v Top Hut Banoon Pastoral Co Pty Limited trading as Trustee the Wakefield Family Trust [2021] NSWDC 147

Julie Walker v Top Hut Banoon Pastoral Co Pty Limited trading as Trustee the Wakefield Family Trust; ; Shear Away Pty Limited v Top Hut Banoon Pastoral Co Pty Limited trading as Trustee the Wakefield Family Trust [2021] NSWDC 147

The occupier breached its duty of care by failing to secure the step, causing foreseeable injury to the plaintiff. The defect was latent and would not have been detected by the employer through reasonable inspection; thus, the employer did not breach its non-delegable duty. Full damages were awarded against the occupier alone.

Jurisdiction
Australia
Judgment Date
23 April 2021
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the plaintiff in the main and recovery proceedings; cross-claim dismissed.
Legal Topics
["occupier's Liability" "employer's Liability" 'duty of Care' 'foreseeability of Risk' 'causation' 'damages' 'non Delegable Duty' 'economic Loss' 'gratuitous Attendant Care Service']
['negligence' 'torts' "workers' Compensation"] ["occupier's Liability" "employer's Liability" 'duty of Care' 'foreseeability of Risk' 'causation' 'damages' 'non Delegable Duty' 'economic Loss' 'gratuitous Attendant Care Service']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 ['Whether the occupier breached its duty of care toward the plaintiff resulting in injury' 'Whether the employer breached its non-delegable duty of care to the plaintiff as an employee' 'Assessment of damages arising from injuries sustained by the plaintiff']

Ratio Decidendi

The occupier breached its duty of care by failing to secure the step, causing foreseeable injury to the plaintiff. The defect was latent and would not have been detected by the employer through reasonable inspection; thus, the employer did not breach its non-delegable duty. Full damages were awarded against the occupier alone.

Court Disposition

Judgment for the plaintiff in the main and recovery proceedings; cross-claim dismissed.

Orders

  • ['Judgment for the plaintiff against the defendant in 2018/166427 for $992,866.36' 'Cross claim dismissed' "Defendant to pay plaintiff's costs on ordinary basis" "Cross claimant to pay cross defendant's costs of the cross claim on ordinary basis" 'In 2018/357572, judgment for plaintiff against defendant for...