PETKOVSKA v AUSTRALIAN TELECOMMUNICATIONS COMMISSION [1993] NSWCA 210

PETKOVSKA v AUSTRALIAN TELECOMMUNICATIONS COMMISSION

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, MAHONEY and CLARKE JJA 22 June 1993, 1 July 1993 [1993] NSWCA 210

APPEAL from Common Law Division — Employee of defendant sues for failing to provide safe system of work — Appeal dismissed. RSI type injury — Plaintiff claimed work was of the nature which caused strain producing RSI — Evidence based on claim that work was done quickly and under pressure — Claim not established on evidence.

Plaintiff claimed that workers apt to adopt bad posture causing strain — Evidence established that plaintiff did not adopt bad posture — Claim not established on evidence.

Gleeson CJ I agree with the orders proposed by Mahoney AP and with his Honour's reasons for those orders.

Mahoney JA In 1973 the plaintiff commenced employment with the defendant, Australian Telecommunications Commission. She worked with it until 2 October 1984 when she ceased employment. On 18 July 1986 she commenced proceedings against the defendant claiming damages from it. Her claim was, in substance, that the defendant had failed to institute and maintain a safe system of work during her employment and that by reason of that failure she had suffered injury: Statement of Claim CL4.

The proceedings came before Bruce AJ. On 3 August 1990 his Honour dismissed the plaintiff's claim. She has appealed to this Court against his Honour's judgment.

Upon the hearing of the appeal, Mr O'Connor QC, counsel for the plaintiff, by consent obtained an amendment of the grounds of the appeal. They are now limited to two contentions: that his Honour erred in finding that the plaintiff's injury was not foreseeable; and that he erred in finding that there was no evidence of facts that would have alerted the defendant to a risk of injury.