Bourke v Butterfield and Lewis Limited [1926] HCA 38

Bourke v Butterfield and Lewis Limited [1926] HCA 38

Contributory negligence is not a defence to an action for damages for injuries caused by breach of an absolute statutory duty imposed by statute for the protection of a class of persons, such as employees; the employer's responsibility does not extend to injuries resulting from the employee's misconduct or actions entirely outside the scope of their employment, but does cover injuries due to carelessness or inadvertence while within the scope of employment.

Parties
Appellant; Plaintiff: Arthur Reginald Bourke; Respondent; Defendant: Butterfield and Lewis Limited
Jurisdiction
Australia
Judgment Date
01 November 1926
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales, Full Court
Outcome
Appeal allowed. Judgment of Supreme Court (Full Court) discharged; verdict of jury for the plaintiff restored.
Legal Topics
Personal Injury, Employer's Statutory Duty, Contributory Negligence, Breach of Statutory Duty, Industrial Accidents
Tort Law Statutory Interpretation Employment Law Personal Injury Employer's Statutory Duty Contributory Negligence Breach of Statutory Duty Industrial Accidents

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Parties

Arthur Reginald Bourke

Appellant; Plaintiff

Butterfield and Lewis Limited

Respondent; Defendant

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales, Full Court

Legal Issues

  1. 1 Is contributory negligence a defence to an action for damages for personal injury caused by breach of an absolute statutory duty imposed for the benefit of employees?
  2. 2 What are the limits of an employer's liability under the Factories and Shops Act 1912 (NSW) for injuries caused by breach of statutory duty to fence machinery?

Ratio Decidendi

Contributory negligence is not a defence to an action for damages for injuries caused by breach of an absolute statutory duty imposed by statute for the protection of a class of persons, such as employees; the employer's responsibility does not extend to injuries resulting from the employee's misconduct or actions entirely outside the scope of their employment, but does cover injuries due to carelessness or inadvertence while within the scope of employment.

Court Disposition

Appeal allowed. Judgment of Supreme Court (Full Court) discharged; verdict of jury for the plaintiff restored.

Orders

  • Verdict for the plaintiff (Bourke) for £350 restored.
  • Respondent (Butterfield & Lewis Ltd.) to pay costs in Supreme Court.