Charter Hall Real Estate Management Services (NSW) Pty Limited v State Of New South Wales [2020] NSWCA 26 (25 February 2020) (Macfarlan JA at [1]; White JA at [2]; Simpson AJA at [90])


Catchwords:


WORKERS COMPENSATION – s 151Z Workers Compensation Act 1987- recovery action – whether occupier liable to indemnify employer for workers compensation payments as tortfeasor who, if sued by the worker for negligence, would have been liable to pay damages to the worker

TORTS — negligence — Civil Liability Act 2002 –foreseeability of risk – whether occupier had actual knowledge of a risk when risk was earlier reported to person whose employment was taken over by occupier – knowledge of the employee imputed to the occupier

TORTS — negligence — Civil Liability Act 2002 –whether obviousness of the risk ought to have led to conclusion risk was insignificant – risk not obvious – risk not insignificant

TORTS — negligence — whether employer breached duty of care owed to worker – employer not negligent

TORTS — negligence — contributory negligence – whether contributorily negligent in knocking a locking bar when descending a ladder that falls and injures the worker – no contributory negligence as mere accidental inadvertence