Facts in brief:
The Defendant company is a family operated business which runs a 60 hectare apple and kiwifruit orchard. The deceased victim was employed by the Defendant to do tractor work and odd jobs on the orchard. On the day of the incident, he was mowing the grass between the rows of apple trees on the ‘seaview block’ of the orchard. The accident occurred while the victim was manoeuvring the tractor along a narrow part of the row which tracked up sloping terrain. There were no witnesses to the incident. The tractor was too close to the edge of the embankment and was found upside down.