Illawarra Retirement Trust v Jesionkowski [2001] NSWCA 286

New South Wales Court of Appeal

CITATION : Illawarra Retirement Trust v Jesionkowski [2001] NSWCA 286 FILE NUMBER(S) : CA 41020/00 HEARING DATE(S) : 27 August 2001 JUDGMENT DATE : 31 August 2001

PARTIES : Illawarra Retirement Trust (Appellant) Lisa Rae Jesionkowski (Respondent) JUDGMENT OF : Heydon JA at 1; Ipp AJA at 29; Studdert AJA at 30

LOWER COURT JURISDICTION : Supreme Court LOWER COURT CL 20081/00 FILE NUMBER(S) : LOWER COURT Dunford J JUDICIAL OFFICER :

COUNSEL : Mr J D Hislop QC/Mr G J Parker (Appellant) Mr D A Wheelahan QC/Mr K P Rewell (Respondent) SOLICITORS : Moray & Agnew (Appellant) Nagle & McGuire (Respondent) CATCHWORDS : Torts - Negligence - Breach - Personal Injury - Whether employer negligently breached duty to prevent reasonably foreseeable risks of injury to employee - Whether an alternative system of cleaning whereby cleaning would occur at a different time would have significantly reduced the risk of injury to the employee - Where employee at nursing home suffered personal injuries as a result of slipping on a freshly mopped wet floor at work - ND Electric Power Transmission Pty Ltd v Cuiluli (1961) 104 CLR 177 CASES CITED: General Cleaning Contractors Ltd v Christmas [1953] AC 180 Nelson v John Lysaght (Australia) Ltd (1975) 132 CLR 201 DECISION : See paras 27 and 28

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41020/00 CL 20081/00

HEYDON JA IPP AJA STUDDERT AJA

31 August 2001 ILLAWARRA RETIREMENT TRUST v JESIONKOWSKI

Torts - Negligence - Breach - Personal Injury - Whether employer negligently breached duty to prevent reasonably foreseeable risks of injury to employee - Whether an alternative system of cleaning whereby cleaning would occur at a different time would have significantly reduced the risk of injury to the employee - Where employee at nursing home suffered personal injuries as a result of slipping on a freshly mopped wet floor at work