Broadspectrum (Australia) Pty Ltd v Farmer [2024] NSWCA 81

Broadspectrum (Australia) Pty Ltd v Farmer [2024] NSWCA 81

The missing non-slip strip in the aluminium stair nosing created a significant hazard that impeded Mr Farmer's boot, causing his fall. The appellants breached their duty by failing to detect and rectify this risk; appellate grounds regarding measurement error, causation, and foreseeability failed to show material error or contrary evidence. The appeal was therefore dismissed.

Parties
First Appellant: Broadspectrum (Australia) Pty Ltd; Second Appellant: Wilson Security Pty Ltd; Respondent: William Farmer
Jurisdiction
Australia
Judgment Date
17 April 2024
Procedural Posture
Appeal / Post Judgment, Appellate Determination
Outcome
Appeal dismissed with costs
Legal Topics
Duty of Care, Causation, Breach of Duty, Foreseeability, Occupier's Liability, Worker's Compensation, Choice of Law
Tort Law Personal Injury Negligence Duty of Care Causation Breach of Duty Foreseeability Occupier's Liability +2 more

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Parties

Broadspectrum (Australia) Pty Ltd

First Appellant

Wilson Security Pty Ltd

Second Appellant

William Farmer

Respondent

Procedural Posture

Appeal / Post Judgment, Appellate Determination

Legal Issues

  1. 1 Was the primary judge correct in finding the height of the lip as 6.25mm instead of 2 to 2.5mm, and was this error material?
  2. 2 Did the lip cause Mr Farmer's fall and injury?
  3. 3 Did the appellants breach their duty of care to Mr Farmer by failing to address the risk presented by the missing non-slip strip?

Ratio Decidendi

The missing non-slip strip in the aluminium stair nosing created a significant hazard that impeded Mr Farmer's boot, causing his fall. The appellants breached their duty by failing to detect and rectify this risk; appellate grounds regarding measurement error, causation, and foreseeability failed to show material error or contrary evidence. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal is dismissed.
  • The appellants must pay the respondent's costs.