Rae v Broken Hill Pty Co Ltd [1957] HCA 33

Rae v Broken Hill Pty Co Ltd [1957] HCA 33

The majority found there was no evidence upon which a jury could reasonably infer that the employer failed to take reasonable care for the appellant's safety, as the accident was extraordinary and unforeseeable, and the working conditions and equipment did not present a relevant risk that ought to have been anticipated by the employer.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
["employer's Duty of Care" 'negligence' 'personal Injury']
['tort Law' 'employment Law'] ["employer's Duty of Care" 'negligence' 'personal Injury']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether there was sufficient evidence of negligence by the employer to justify a verdict for the employee.' 'Whether the trial judge was correct to direct a verdict for the defendant and exclude certain evidence.' 'What constitutes reasonable foreseeability of risk and the duty of care of employers.']

Ratio Decidendi

The majority found there was no evidence upon which a jury could reasonably infer that the employer failed to take reasonable care for the appellant's safety, as the accident was extraordinary and unforeseeable, and the working conditions and equipment did not present a relevant risk that ought to have been anticipated by the employer.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed with costs.']