High Court of Australia
IN THE HIGH COURT OF AUSTRALIA ."°
it RESTAURANT PTY, LID.
REASONS FOR JUDGMENT
Oral Judgment delivered at.....-28 SV. -wanc-necennneneneneneeneeee
RED GARTER RESTAURANT PTY. DTD. AND ANOTHER
GEORGE CHOMENTOWSKI
ORDER
Appeal dismissed with costs.
(3 /
RED GARTER RESTAURANT PTY. LTD. AND_ANOTHER
ve
GEORGE CHOMENTOWSKI.
JUDGMENT . BARWICK C.J. " (ORAL) .
RED GARTER RESTAURANT PTY. LTD. AND ANOTHER
Vo
GEORGE CHOMENTOWSKI
The appellant, a restauratew; employed the respondent as a manager and head waiter of its restaurant in Crown Street, Sydney, 'south of Cleveland Street, His duties included the carriage of the takings of the restaurant after the close.of business each evening from the restaurant to a night safe in Cleveland Street.
There was evidence from a police officer that, and I quote it - "armed robberies and assaults and robs - that type of offence in the street against persons carrying money and other places" - have been on the increase in recent years. Another police officer in fact gave statistical evidence of the growth of armed robberies in the last five or six years. °
The respondent did take the takings nightly and late at night in his own car from the restaurant to a point adjacent to.the night safe, He then carried the money in a bag in his hand from his car to the night safe, 'which he had to unlock with a key. On the evening in question
the respondent was assaulted the.money grabbed from him and
seriously injured as he was about to deposit the money in
the safe,
In an action at law between the parties in the Supreme Court of New South Wales the appellant moved unsuccessfully for a verdict by direction on the basis that there was no evidence that injury to the employee in the performance of his duty in carrying the money to the night safe was foreseeable by the employer.
The jury found a verdict for the respondent for an amount of $30,000. An appeal to the Court of Appeal Division of the Supreme Court on the ground that there was no evidence to support the verdict was dismissed,
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