Nestlé Australia Ltd v Metri [2021] NSWCA 303 (10 December 2021) (Basten, Leeming and Brereton JJA)


Catchwords:


NEGLIGENCE – breach – risk of harm – identification of risk – risk of forklift operator being dislodged while forklift in motion – risk of harm foreseeable

NEGLIGENCE – breach – reasonable precautions against risk of harm – whether reasonable person in appellant’s position would have taken precautions – failure to fit forklift with seatbelt or other restraint – failure to establish adequate system for communicating defects to enable diagnosis and repair

NEGLIGENCE – factual causation – whether failure to communicate defect caused harm suffered by plaintiff – causation established