Australian National Airlines Commission v Newman [1987] HCA 9

High Court of Australia Mason C.J. Brennan, Deane, Toohey and Gaudron JJ. Australian National Airlines Commission v Newman [1987] HCA 9

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

April 3 Mason C.J., Deane, Toohey and Gaudron JJ.

The respondent, who was employed by the appellant ("the Commission") as a catering assistant in the staff canteen, brought an action against it in the Supreme Court of New South Wales for damages for personal injury. On 1 May 1975, having arrived early at work, she went to the storeroom in order to pick up materials for preparing meals in the canteen. Her route to the storeroom and back took her through the flight services kitchen where meals served in flight were prepared. On her way back from the storeroom, she slipped as she was carrying a box of biscuits, fell and sustained injuries. She claimed that she slipped on a patch of grease on the floor.

In her amended statement of claim she alleged negligence on the part of the Commission and asserted that it failed to provide her with a safe place of work and with a safe means of access to her place of work, founding in each case upon the greasy condition of the floor in the flight services kitchen. She also relied upon breaches of three sections of the Factories, Shops and Industries Act 1962 NSW, alleging that (a) in breach of s. 22(4) the floors of the Commission's premises were not maintained in good order and condition; (b) in breach of s. 34(a) the floors were not properly maintained; and (c) in breach of s. 40(1) the Commission failed to provide and maintain safe means of access to every place at which the respondent had to work. It is common ground that these provisions applied to the Commission in its conduct of the flight services kitchen: see s. 64 of the Judiciary Act 1903 Cth. The Commission pleaded, in addition to other defences, that the respondent's cause of action was barred by the operation of s. 63(1) of the Australian National Airlines Act 1945 Cth, ("the Act").