SMK P/L v. Kramer, M. [1994] FCA 831

JUDGMENT No. wn Suboul wd swab

IN THE FEDERAL COURT OF AUSTRALIA _) AUSTRALIAN CAPITAL TERRITORY ) DISTRICT REGISTRY ) GENERAL DIVISION )

No ACT G42 of 1994

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN SMK PTY LIMITED (formerly CANBERRA ROOE TRUSSES

PTY LIMITED Appellant

AND MILAN KRAMER Respondent

CORAM Gallop, Neaves and Gummow JJ

DATE 3 November 1994

- i DEC ne

PLACE Canberra FEDERAL COURT OF

AUSTRALIA PRINCIPAL

CORRIGENDUM

Amendments to Reasons for Judgment delivered on 3 November 1994 1 Cover page line 10 - "negligent injury" should read "neck injury"

2 Cover page date should be "3 November 1994" instead of "2 November 1994"

3 Order page date should be "3 November 1994" instead of "2 November 1994"

4 Page1 date should be "3 November 1994" instead of "2 November 1994"

5 Page 15, line 9 "pay he appellants" should read "pay the appellants"

B Barrack Associate to Galiop J

1 December 1994

Ot

JUDGMENT No. a S3bomad ZY

CATCHWORDS

APPEAL against judgment for damages for personal injuries sustained by a worker against his employer - whether evidence established negligence on the grounds of failure to warn and instruct the worker - no duty to warn or instruct - no causal connection between failure to warn or instruct and the injuries sustained

NEGLIGENCE - duty to maintain safe system of work - failure to warn or instruct re unusual or unexpected risks

DAMAGES ~ sufficiency of evidence to support finding of negligent injury

Raimondo v State of South Australia (1979) 23 ALR 513 Qualcast (Wolverhampton) Ltd v Haynes [1959] AC 743

McLean's Roylen Cruises Pty Limited v McEwan (1984) 54 ALR 3 Duyvelshaff v Cathcart & Ritchie Ltd (1973) 1 ALR 125 Perkovic v McDonell Industries Pty Ltd (1987) 45 SASR 544