PAB Security Pty Ltd v Mahina [2009] NSWCA 125

PAB Security Pty Ltd v Mahina [2009] NSWCA 125

The employer breached its duty of care by failing to rotate the respondent inside the club after a direct and credible threat was made against him; the risk of retaliatory violence was foreseeable in the circumstances; the breach materially contributed to the respondent's injury; and causation was established as, on the balance of probabilities, the respondent would not have been shot had he been rotated as requested.

Jurisdiction
Australia
Judgment Date
27 May 2009
Procedural Posture
Civil Appeal / Court of Appeal Decision
Outcome
Appeal dismissed with costs
Legal Topics
['negligence' 'duty of Care' 'breach of Duty' 'causation' "employer's Liability" 'foreseeability' 'safe System of Work']
['torts' 'employment Law'] ['negligence' 'duty of Care' 'breach of Duty' 'causation' "employer's Liability" 'foreseeability' 'safe System of Work']

Case Brief

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Procedural Posture

Civil Appeal / Court of Appeal Decision

Legal Issues

  1. 1 ['Whether the employer breached its duty of care to the respondent by failing to provide a safe system of work after a specific threat was made against him' 'Whether the risk of injury to the respondent was reasonably foreseeable' "Whether the respondent's injuries would have been avoided if he had been rotated inside the club" 'Whether the primary judge erred in his findings on credibility of the witnesses']

Ratio Decidendi

The employer breached its duty of care by failing to rotate the respondent inside the club after a direct and credible threat was made against him; the risk of retaliatory violence was foreseeable in the circumstances; the breach materially contributed to the respondent's injury; and causation was established as, on the balance of probabilities, the respondent would not have been shot had he been rotated as requested.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed' "Appellant to pay the respondent's costs"]