Millington v. Wilkie t/as Max Wilkie Plumbing Services & Anors. [2005] NSWCA 45
The employer was not liable in damages to the employee for breach of statutory duty or at common law where the employee, knowing the risks and contrary to direct instructions, caused the breach through his own conduct, and nothing done or omitted by the employer contributed to the breach; thus, the employee was excluded from the class protected by the statutory duty.
- Jurisdiction
- Australia
- Judgment Date
- 08 March 2005
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- ["employer's Liability" 'breach of Statutory Duty' 'duty of Care' 'workplace Safety' 'construction Safety']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 ['Whether the employer breached a common law duty of care to the employee by failing to provide a safe system of work.' "Whether the employer was liable in damages for breach of statutory duty where breach was caused solely by the employee's conduct." 'Whether the Authority was liable for breach of statutory or common law duty in supplying an unsafe ladder.']
Ratio Decidendi
The employer was not liable in damages to the employee for breach of statutory duty or at common law where the employee, knowing the risks and contrary to direct instructions, caused the breach through his own conduct, and nothing done or omitted by the employer contributed to the breach; thus, the employee was excluded from the class protected by the statutory duty.
Court Disposition
Appeal dismissed with costs.
Orders
- ['Appeal dismissed with costs.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment