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SMYBB P/L (t/as Best Bottlers P/L) v Young, Stephen [2022] VSCA 115

TORT
Victorian Court of Appeal
Judge(s): 
Beach, McLeish and Kennedy JJA
Parties: 

SMYBB P/L (t/as Best Bottlers P/L) v Young, Stephen

Judgment Date: 
21 June 2022
Catchwords: 

TORT - Negligence - Breach of statutory duty - Causation - Process worker sustained shoulder and elbow injury cutting plastic from pallet with blunt knife - Experienced worker aware of how and when to rotate and change knife blade - No evidence that worker unaware of risks of using blunt blade - Whether employer's breach of common law or statutory duty caused injury - Claimant bears burden of proving causal connection between breach and damage - Employer's failure to adopt training, instruction and blade storage measures identified by claimant at trial not causally linked to damage - New case advanced by claimant on appeal unsupported by evidence and inappropriate to consider - Appeal allowed.

Occupational Health and Safety Regulations 2007 rr 3.1.1, 3.1.2, 3.1.3.

Duyvelshaff v Cathcart & Ritchie Ltd (1973) 1 ALR 125, Roads and Traffic Authority (NSW) v Royal (2008) 245 ALR 653, Coulton v Holcombe (1986) 162 CLR 1, followed; Deal v Kodakkathanath (2016) 258 CLR 281, discussed.

Citation: