Laybutt v Glover Gibbs Pty Ltd t/as Balfours NSW Pty Ltd

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, GUMMOW, CALLINAN AND HEYDON JJROBYN VANESSA LAYBUTT  APPELLANTANDGLOVER GIBBS PTY LIMITED T/AS BALFOURS NSW PTY LIMITED   RESPONDENTLaybutt v Glover Gibbs Pty Ltd t/as Balfours NSW Pty Ltd[2005] HCA 5629 September 2005S47/2005ORDER1.        Appeal allowed.2.Set aside the judgment and orders of the Court of Appeal of the Supreme Court of New South Wales dated 3 March 2004 and in place thereof order that the appeal to that Court be dismissed.  3.The respondents to pay the costs of the appeal to the Court of Appeal of the Supreme Court of New South Wales and of the appeal to this Court.On appeal from the Supreme Court of New South WalesRepresentation:M J Neil QC with R I Goodridge for the appellant (instructed by Firths –The Compensation Lawyers)B W Walker SC with R C Beasley for the respondent (instructed by Leigh Virtue & Associates)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSLaybutt v Glover Gibbs Pty Limited t/as Balfours NSW Pty LimitedNegligence – Duty of care – Employer and employee – Breach – Where employee requests instructions – Employer's duty to provide instructions.Practice and procedure – Civil trial by jury – Whether trial judge should have entered a directed verdict­ – Sufficiency of evidence to sustain verdict – Application of common knowledge and experience by jury to question of negligence ­­– Circumstances justifying reversal of a jury's verdict by appellate court.GLEESON CJ.   I agree that the appeal should...