Coote v Forestry Tasmania

Negligence – Breach of duty - Appellant tree feller rendered paraplegic after a branch fell from a tree and hit him - Respondent, by its forestry officer, gave the appellant a direction that he was not to fell pulp trees as he normally would - Whether respondent was negligent in giving that direction and so causing appellant to place himself in a position of danger.

Appeal – Approach to issues of negligence and contributory negligence - Trial judge finds that respondent, by its forestry officer, gave the appellant tree feller a direction that he was not to fell pulp trees as he normally would - Centrality of finding to conclusion of negligence - Full Court does not disturb that finding but finds no negligence - Whether finding of no negligence open to Full Court in the circumstances - Whether any error of judgment of the appellant a matter relevant to contributory negligence.

Forestry Act 1920 (Tas).

Forest Practices Act 1985 (Tas).