Deal v Father Pius Kodakkathanath [2016] HCA 31

HIGH COURT OF AUSTRALIA

FRENCH CJ, KIEFEL, BELL, GAGELER AND NETTLE JJ

KATHRYN DEAL APPELLANT

AND

FATHER PIUS KODAKKATHANATH RESPONDENT

Deal v Father Pius Kodakkathanath [2016] HCA 31 24 August 2016 M252/2015

ORDER

1. Appeal allowed.

2. Set aside the order of the Court of Appeal of the Supreme Court of Victoria made on 24 July 2015.

3. Remit the matter to the Court of Appeal for determination.

4. The respondent pay the appellant's costs of the appeal to this Court and of the appeal to date in the Court of Appeal.

On appeal from the Supreme Court of Victoria

Representation

A G Uren QC with A D B Ingram for the appellant (instructed by Melbourne Injury Lawyers)

M F Wheelahan QC with S E Gladman for the respondent (instructed by Minter Ellison Lawyers)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Deal v Father Pius Kodakkathanath

Occupational health and safety – Statutory duty – Occupational Health and Safety Regulations 2007 (Vic), regs 3.1.1, 3.1.2, 3.1.3 – Duties of employers in relation to hazardous manual handling tasks – Where primary school teacher tasked to use step ladder to remove papier mâché displays from pin-board on classroom wall – Where displays unstable or unbalanced, or difficult to grasp and hold – Where task constituted hazardous manual handling task – Where in course of task teacher fell from step ladder and injured knee – Whether evidence capable of supporting cause of action for breach of statutory duty – Whether risk of injury amounted to risk of musculoskeletal disorder "associated with a hazardous manual handling task" – Whether sufficient evidence for jury to infer it was reasonably practicable for employer to identify task as involving hazardous manual handling.