NSW Caselaw
New South Wales Court of Appeal
CITATION : Lachley Meats Pty Ltd v Sinfield [2001] NSWCA 340 FILE NUMBER(S) : CA 40830/00 HEARING DATE(S) : 25 September 2001 JUDGMENT DATE : 2 October 2001
PARTIES : Lachley Meats Pty Ltd Ashley James Sinfield JUDGMENT OF : Priestley JA at 1; Davies AJA at 2; Sperling J at 3
LOWER COURT JURISDICTION : District Court LOWER COURT 3/1998 FILE NUMBER(S) : LOWER COURT Phegan DCJ JUDICIAL OFFICER :
COUNSEL : Mr J Drummond for the Appellant Mr R McIlwaine SC with Mr P Doherty for the Respondent SOLICITORS : Abbott Tout Solicitors for the Appellant Palmers Solicitors for the Respondent CATCHWORDS : Negligence - employer - employee - breach of duty in failure to warn and instruct re safe lifting practice and/or unsafe system of work - foreseeably in relation to contributory negligence - no question of principle - ND CASES CITED: Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301 Raimondo v The State of South Australia (1978) 23 ALR 513 DECISION : (1) Extend time for appeal; (2) Appeal dismissed; (3) Cross-appeal allowed in part; (4) Vary the determination of the District Court by substituting a verdict for $975,954.68 and judgment for $804,362.85; (5) The appellant to pay the respondent's costs of the appeal and of the cross-appeal.
- 10 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
PRIESTLEY JA DAVIES AJA SPERLING J
Tuesday, 2 October 2001
40830/00 Lachley Meats Pty Ltd v Ashley James Sinfield
Judgment 1 PRIESTLEY JA: I agree with Sperling J. 2 DAVIES AJA: I agree with Sperling J. The appellant failed to provide and maintain a safe system of work. The respondent was required to lift manually a bulky and weighty stainless steel skirt. One of the ways of undertaking this task was to lean over other equipment. A photograph of an employee doing so shows that the worker's position would be awkward and his back twisted. This was unsafe. The appellant's foreman failed to take reasonable steps to ensure that the lift was performed in a safe manner. 3 SPERLING J:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate