High Court of Australia

Liftronic Pty Limited v Unver [2001] HCA 24

75 ALJR 867; 179 ALR 321

3 May 2001

Case Number: S102/2000


Gleeson CJ, McHugh, Gummow, Kirby, Callinan JJ


Negligence – Contributory negligence – Apportionment of responsibility – Whether Court of Appeal erred in setting aside jury's apportionment of responsibility – Whether jury's apportionment reasonable.

Employer and employee – Negligence – Contributory negligence – Employer's duty to provide safe system and place of work – Conduct amounting to contributory negligence by employee – Respective roles of jury giving verdict at trial and appellate court deciding appeal against jury's apportionment.

Practice and procedure – When parties bound by conduct of case.

Law Reform (Miscellaneous Provisions) Act 1965 (NSW) – s 10(1).

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