Federal Court of Australia
CATCHWORDS
Negligence - Employer's duty of care - Duty
owed by occupier to special class of invitee.
NOMIKOS PAPANTONAKIS v. THE AUSTRALIAN TELECOMMUNICATIONS COMMISSION & ANOR.
No. N.T.G. 6 of 1982
Franki, St. John and Fisher JJ. april 1983
Sydney
of care
-) IN THE FEDERAL COURT OF AUSTRALIA ) . NORTHERN TERRITORY DISTRICT REGISTRY ) No. N.T.G. 6 of 1982
GENERAL DIVISION )
On Appeal from The Supreme Court of The Northern Territory
BETWEEN: NOMIKOS PAPANTONAKIS
Appellant
AND: THE AUSTRALIAN TELECOMMUNICATIONS COMMISSION
First Respondent
AND: NORTHERN RESEARCH PTY. LTD.
Second Respondent
ORDER JUDGES MAKING ORDERS: Franki, St. John and Fisher JJ. DATE OF ORDERS: G April 1983
WHERE MADE: Sydney
THE COURT ORDERS THAT:
1.
The appeal against both respondents be dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY OF AUSTRALIA
DISTRICT REGISTRY GENERAL DIVISION
) ) )
No. NTG 6 of 1982
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA
BETWEEN: NOMIKOS PAPANTONAKIS
. Appellant
AND:
THE AUSTRALIAN
TELECOMMUNICATIONS COMMISSION =
First Respondent
AND:
NORTHERN RESEARCH PTY. LTD.
Second Respondent
CORAM: Franki, St. John and Fisher Ju.
& april 1983
REASONS FOR JUDGMENT
FRANKI J.
The appellant Nomikos
linesman employed by the first respondent,
Telecommunications Commission
respondent, Northern Research Pty.
Papantonakis was a Grade
the Australian
("Telecom"). The second
Ltd. ("Northern"), was the
occupier of certain premises and it had advised Telecom that it
had a fault in a telephone service provided by Telecom and
requested Telecom to rectify the fault. The plaintiff together
with a more junior employee, Mr Follett, was sent to Northern's
premises to rectify the fault.
In the course of his duties at Northern the plaintiff was replacing a telephone line which ran from Northern's switchboard to a store building some distance away. He was working on a ladder resting against a pole and the pole moved
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