ROWE v Australian & Overseas Telecommunications Corp [1996] NSWCA 457

ROWE v Australian & Overseas Telecommunications Corp

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY ACJ, COLE JA and ABADEE AJA 11 September 1996

[1996] NSWCA 457

Negligence — employer's liability — employee assaulted at work in the city office building — Judge finds no breach of duty — Held: Verdict for employer sustained.

Master and Servant: - duty of care found - No breach of duty by employer - reasomableness - No error revealed.

Abadee AJA. This is an appeal from a verdict of Cripps JA on 26 August 1992 in favour of an employer respondent in a personal injuries action brought by the appellant, an employee, to recover damages for injuries sustained by her in the course of her employment. Numerous grounds of appeal have been advanced in support of the appeal including a claim that the respondent failed to take any measures reasonably open to it to protect the plaintiff from a found foreseeable risk of injury. His Honour's findings that there was no breach of duty on the part of the respondent is also challenged.

It was submitted that the appellant was born on 18 February 1928 and was employed by the respondent as a tea lady. From about March of 1979 she was required to work on the 20th floor of the MLC Centre Sydney. At all relevant times the respondent occupied a number of floors in the Centre including the 20th level. That level contained the respondent's cashier's office and the paymaster's office.

Shortly after 10.30 am on Monday 19 October 1981 the appellant was working in the tea room on the 20th level when she was assaulted by an armed criminal intruder in the tea room. She sustained injuries in consequence of this assault.

His Honour whilst later rejecting the plaintiff's evidence with respect to the defendant's system stated that the appellant was not dishonest and accepted her evidence concerning the assault and the consequences to her of it.