DAHDAL v THE COMMONWEALTH OF AUSTRALIA [1991] NSWCA 73

DAHDAL v THE COMMONWEALTH OF AUSTRALIA SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, MAHONEY, and PRIESTLEY JJA 7 March 1991, 7 March 1991 [1991] NSWCA 73

NEGLIGENCE — EMPLOYER — SAFE SYSTEM AND PROPER INSTRUCTION — WORKER INJURED WHEN CEMENT BAG SLIPPED AND HE TWISTED HIS BACK NEGLIGENCE — employer — safe system and proper instruction inexperienced and disabled workers provided with work with the Commonwealth under Commonwealth Employment Programme — some instruction given on techniques of lifting weights — worker suffers diabetes — worker injured when cement bag 40 kgs slips and he twists his back. Held (1) The way the injury occurred was not the result of any defect in the employer's system of work. The alleged disabilities of the worker were irrelevant to the way the injury occurred; (2) the alleged excess of intervention by the trial judge in questioning of witnesses did not result in his reaching a wrong conclusion — Galea v Galea (1990) 19 NSWLR 263, 279 referred to — No point of principle. ORDER Appeal dismissed with costs.

Mahoney JA On 8 April 1986 the plaintiff was injured while working for the defendant. On 10 April 1989 his claim against the defendant was heard and dismissed. He has brought an appeal to this Court against the dismissal of it.

The facts as found by the learned judge have not been contested. There is no ground of appeal suggesting that the findings were wrong. His Honour stated the facts of the accident in the following way:

"On the day of the accident Mr Johnson, who was in charge of him, said that he desired assistance in relation to some bags of cement which were to be transported to an area where a concrete slab was being laid by a labourer. The three bags of cement were each agreed to weigh approximately 40 kilograms or 88 lb. They were transported in the bucket of a low loader, or front end loader, and that was driven by Mr Johnson to the site where they were to be unloaded and the plaintiff rode upon the vehicle.