WYN PRODUCTS PTY LTD v GRONO [2001] NSWCA 326

New South Wales Court of Appeal

CITATION : WYN PRODUCTS PTY LTD v GRONO [2001] NSWCA 326 FILE NUMBER(S) : CA 40636/00 HEARING DATE(S) : 6 September 2001 JUDGMENT DATE : 6 September 2001

PARTIES : Wyn Products Pty Ltd (Appellant) John Grono (Respondent) JUDGMENT OF : Beazley JA at 1; Fitzgerald JA at 2; Davies AJA

LOWER COURT JURISDICTION : District Court LOWER COURT 9220/98 FILE NUMBER(S) : LOWER COURT Kirkham DCJ JUDICIAL OFFICER :

COUNSEL : G Parker (Appellant) A Lidden (Respondent) SOLICITORS : P W Turk & Associates (Appellant) Brydens Law Office (Respondent)

LEGISLATION CITED : Supreme Court Act 1970 CASES CITED: Nil DECISION : Appeal dismissed with costs

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

40636/00 9220/98 BEAZLEY JA DAVIES AJA FITZGERALD AJA

Wednesday 6 September 2001 WYN PRODUCTS PTY LTD v John GRONO

Short Reasons for Decision 1 BEAZLEY JA: Fitzgerald AJA will give the judgment of the Court. 2 FITZGERALD AJA: The appeal is dismissed with costs and the Court is of the unanimous opinion that the appeal does not raise any question of general principle pursuant to s45(4) of the Supreme Court Act 1970.

3 The Court's reasons in short form are as follows: the respondent worked for the appellant. During part of a period in which the appellant worked on preventative maintenance of the appellant's equipment, the appellant divided some of the workmen who would normally have assisted the respondent to other activities. As a result, there were too few skilled workers available to perform the maintenance which the employer required them to complete by a deadline.