Kozjak v Fairfax Community Newspapers Pty Limited [2001] NSWCA 37

Reported Decision : [2001] ACL Rep 300 NSW 20 [2001] ACL Rep 450 NSW 13

New South Wales Court of Appeal

CITATION : Kozjak v Fairfax Community Newspapers Pty Limited [2001] NSWCA 37 FILE NUMBER(S) : CA 40828/99 HEARING DATE(S) : 7 February 2001 JUDGMENT DATE : 7 March 2001

PARTIES : Karen Maree Kozjak Fairfax Community Newspapers Pty Limited JUDGMENT OF : Meagher JA at 1; Beazley JA at 2; Windeyer J at 41

LOWER COURT JURISDICTION : District Court LOWER COURT 8766/97 FILE NUMBER(S) : LOWER COURT Patten DCJ JUDICIAL OFFICER :

COUNSEL : Appellant: C E O'Connor QC/E Romaniuk Respondent: C R R Hoeben SC SOLICITORS : Appellant: Beilby Poulden Costello Respondent: Pieterse & Pieterse CATCHWORDS : Negligence - Employer duty of care - Unsafe place of work CASES CITED: Chomentowski v Red Garter Restaurant Ltd (1970) 92 WN (NSW) 1070 Wyong Shire Council v Shirt (1980) 146 CLR 40 DECISION : Appeal dismissed with costs

THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 40828/99 DC 8766/97

MEAGHER JA BEAZLEY JA WINDEYER AJA

Wednesday, 7 March 2001

Karen Maree KOZJAK v FAIRFAX COMMUNITY NEWSPAPERS PTY LIMITED

FACTS

The appellant was employed by the respondent to sell advertising space in the respondent's newspaper. After a short training period the appellant was assigned to canvass advertising in the Wetherill Park Estate. She was required to work unaccompanied. After her first day, the appellant complained to the respondent's manager that she had been harassed by male workers in the estate and felt scared and threatened. On her second day the appellant was raped in an isolated area of the estate.