D R Johnston Group Pty Ltd v Starr and Smith [2001] NSWCA 121

New South Wales Court of Appeal

CITATION : D R Johnston Group Pty Ltd v Starr and Smith [2001] NSWCA 121 FILE NUMBER(S) : CA 40976/99; 40977/99 HEARING DATE(S) : 25/09/00; 26/09/00 JUDGMENT DATE : 30 April 2001

PARTIES : D R Johnston Group Pty Limited v Marlene Starr and Trevor Smith JUDGMENT OF : Handley JA at 1; Powell JA at 2; O'Keefe AJA at 3

LOWER COURT JURISDICTION : District Court LOWER COURT 1226/99 FILE NUMBER(S) : 1225/99 LOWER COURT Puckeridge DCJ JUDICIAL OFFICER :

For Appellant: Mr J McConachie QC Mr I Pike COUNSEL : Mr G Gemmell

For Respondents: Mr D Rofe QC Mr M Jenkins SOLICITORS : Hickson Wisewoulds - for Appellant Watson McNamara & Watt - for Respondents CATCHWORDS : NEGLIGENCE - ABATTOIRS - RISK OF 'Q' FEVER LEGISLATION CITED : Workers Compensation Act 1987, ss151H,151J, 151M CASES CITED: Abalos v Australian Postal Commission (1990) 171 CLR 167 DECISION : 40976/99; 1. Appeal dismissed with costs.; 40977/99; 1. Appeal allowed in part and judgment in favour of the respondent reduced to $334,237.85 to rectify a mathematical error. ; 2. Appeal otherwise dismissed.; 3. Appellant to pay respondents' costs.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA: 40976/99 CA: 40977/99

DC: 1225/99 (Sydney) DC: 1226/99 (Sydney)

HANDLEY JA POWELL JA O'KEEFE AJA

Monday, 30 April 2001

D R JOHNSTON GROUP PTY LTD v MARLENE RHONDA STARR D R JOHNSTON GROUP PTY LTD v TREVOR GEORGE SMITH negligence - abattoirs - risk of 'Q' fever Former employees at the Guyra Abattoirs sued the appellant as the owner and operator of the Abattoirs for negligence. The employees had contracted 'Q' fever, a disease caused by exposure to organisms present in the amniotic and synovial fluids, blood and offal of cattle. The disease is capable of being transmitted by the inhalation of airborne particles in the nature of an aerosol. The trial Judge found that the employees had failed to take reasonable precautions against the risk of 'Q' fever which was a known hazard at abattoirs and had failed to require its employees to be inoculated against the disease. He entered judgments in favour of the employees and assessed damages. On appeals by the employer on liability and damages: