Murray v Sheldon Commercial Interiors Pty Ltd [2016] NSWCA 77

Murray v Sheldon Commercial Interiors Pty Ltd [2016] NSWCA 77

The appeal was dismissed because Mr Murray failed to prove factual causation. Although the primary judge's findings that dust was present were not shown to involve appellable error, there was no satisfactory evidence about the amount of dust on the first rung of the ladder, the surface of that rung, the condition or soles of Mr Murray's work boots, or the effect of dust on those interacting surfaces. Mr Burn's report did not supply that proof because it lacked reasoning and was based on assumptions materially different from the facts found. Common sense could not fill the evidentiary gap. Sheldon also established that the primary judge erred in formulating duty and breach, because the...

Jurisdiction
Australia
Judgment Date
15 April 2016
Procedural Posture
Negligence Appeal From District Court of New South Wales Civil Proceedings / Appeal to the Court of Appeal of the Supreme Court of New South Wales
Outcome
Appeal dismissed.
Legal Topics
['slip and Fall on Construction Site' 'duty of Care Owed by Head Contractor to Employee of Subcontractor' 'breach of Duty' 'causation' 'appellate Review of Factual Findings' 'expert Evidence' 'contributory Negligence' 'workers Compensation Act Apportionment']
['torts' 'negligence' 'civil Procedure' 'workers Compensation'] ['slip and Fall on Construction Site' 'duty of Care Owed by Head Contractor to Employee of Subcontractor' 'breach of Duty' 'causation' 'appellate Review of Factual Findings' 'expert Evidence' 'contributory Negligence' 'workers Compensation Act Apportionment']

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Procedural Posture

Negligence Appeal From District Court of New South Wales Civil Proceedings / Appeal to the Court of Appeal of the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether the primary judge erred in finding that dust was present and connected with the accident.' 'Whether Mr Murray proved that dust on the ladder was a necessary condition of his fall and injury.' "Whether Sheldon's duty of care and breach were correctly formulated." 'Whether contributory negligence and apportionment under s 151Z of the Workers Compensation Act 1987 (NSW) were correctly addressed.']

Ratio Decidendi

The appeal was dismissed because Mr Murray failed to prove factual causation. Although the primary judge's findings that dust was present were not shown to involve appellable error, there was no satisfactory evidence about the amount of dust on the first rung of the ladder, the surface of that rung, the condition or soles of Mr Murray's work boots, or the effect of dust on those interacting surfaces. Mr Burn's report did not supply that proof because it lacked reasoning and was based on assumptions materially different from the facts found. Common sense could not fill the evidentiary gap. Sheldon also established that the primary judge erred in formulating duty and breach, because the...

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.' "Mr Murray to pay 80% of Sheldon's costs of the appeal."]