Federal Court of Australia
Nov Za ABE vame
Co C
CATCHWORDS
NEGLIGENCE - laboratory technician responsible for grasshopper room at University - spinal damage - whether reasonably foreseeable - whether the University under a duty to adopt
obviating measures ~- the nature of the duty owed by an employer -
onus of proof.
Wyong Shire Council v. Shirt and Others (1980) 146 C.L.R. 40 Bankstown Foundry Pty Limited v. Braistina (1986) 160 C.L.R. 301 Vouzza v. Tooth & Co Ltd (1964) 112 C.L.R. 316
ELSE MARIE McGAHEY v. AUSTRALIAN NATIONAL UNIVERSITY
a
Ne. ACT G57 of 15967
Gallop, Davies and Neaves JJ. 10 May 1988 Canberra
S\ FEDERAL COURT OL. vA AUSTRALIA / ©,
PRINGIE, SS Naar A LP ns ,- e
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY No. ACT G57 of 1987
GENERAL DIVISION
On appeal from the Supreme Court of the Australian Capital Territory
BETWEEN: ELSE MARIE McGAHEY
Appellant AND: AUSTRALIAN NATIONAL UNIVERSITY
Respondent
COKAN: Galiop, Davies and Neaves JJ.
DATE: 10 May 1988
PLACE: Canberra
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellant pay the respondent's costs of the
appeal. NOTE: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY No. ACT G57 of 1987 DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: ELSE MARIE McGAHEY
Appellant
AND: AUSTRALIAN NATIONAL UNIVERSITY
Respondent
Coram: Gallop, Davies and Neaves JJ.
Date: 10 May 1938
REASONS FOR JUDGMENT
GALLOP J.:
I have read the judgment of Davies J. in draft
form and agree with the conclusions and reasons. therein.
I certify that this and-—+ke- page iS preceding-pages-are a true copy of the
Reasons for Judgment herein of bis Honour Mr. Justice GALLGP
Srnec DR.
Associate
Dated:
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