Saeedi v Western Staff [2002] NSWCA 341

New South Wales Court of Appeal

CITATION : Saeedi v Western Staff [2002] NSWCA 341 FILE NUMBER(S) : CA 40487/00 HEARING DATE(S) : 6 September 2002 JUDGMENT DATE : 6 December 2002

Habib Saeedi PARTIES : v Western Staff Services Pty Ltd and Telstra Corporation Ltd JUDGMENT OF : Handley JA at 1; Heydon JA at 23; Gzell J at 24

LOWER COURT JURISDICTION : District Court LOWER COURT DC 1217/98 FILE NUMBER(S) : LOWER COURT Delaney DCJ JUDICIAL OFFICER :

Appellant - In Person COUNSEL : Respondent 1 - L T Grey Respondent 2 - G M Watson/Kelly Appellant - In Person SOLICITORS : Respondent 1 - Vardeniga Roberts Respondent 2 - Sparke Helmore CATCHWORDS : NEGLIGENCE - SAFE SYSTEM OF WORK - NO QUESTION OF PRINCIPLE CASES CITED: Abalos v Australian Postal Commission (1990) 171 CLR 167 DECISION : Appeal dismissed with costs

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

40487/00 DC 1217/98 HANDLEY JA HEYDON JA GZELL J

6 December 2002 HABIB SAEEDI v WESTERN STAFF SERVICES PTY LTD & ANOR

NEGLIGENCE – SAFE SYSTEM OF WORK – NO QUESTION OF PRINCIPLE

The appellant was employed by the first respondent and assigned to work for the second respondent on a data entry project. This required the appellant to operate a computer from a workstation. The appellant sued the respondents for failing to provide a safe system of work. The trial Judge dismissed the action. The appellant contended that the trial Judge erred in his findings as to the reliability of the appellant's evidence and the conditions at the workstation.