Australian Traineeship System and Colchester GR Pty Ltd trading as Shell Service Station Waverley v Wafta [2004] NSWCA 230

New South Wales Court of Appeal

CITATION : Australian Traineeship System and Colchester GR Pty Ltd trading as Shell Service Station Waverley v Wafta [2004] NSWCA 230 HEARING DATE(S) : 07/07/04 JUDGMENT DATE : 7 July 2004

JUDGMENT OF : Handley JA at 1; Giles JA at 22; McColl JA at 23 DECISION : 1. Appeal allowed with costs.; 2. Judgment for the plaintiff in the District Court set aside, and in lieu thereof substitute judgment for the defendants in the action with costs.; 3. The respondent is to have a certificate under the Suitors Fund Act 1951.

CATCHWORDS : EMPLOYER - duty of care to employee - risk that employee would attempt to lift heavy weight - not reasonably foreseeable - employer not bound to warn employee against risk - NEGLIGENCE - employers' duty of care to employee - risk that employee would attempt to lift heavy weight - not reasonably foreseeable - employer not bound to warn employee against risk Liftronic Pty Ltd v Unver (2001) 75 ALJR 867 CASES CITED : Tame v State of New South Wales (2002) 211 CLR 317 Van Der Sluice v Display Craft Pty Ltd [2002] NSWCA 204 Wyong Shire Council v Shirt (1980) 146 CLR 40 Australian Traineeship System and Colchester GR Pty Ltd trading as Shell Service Station Waverley (Appellant) PARTIES : Michael Anthony Wafta (Respondent) FILE NUMBER(S) : CA 41014/03 COUNSEL : C R R Hoeben SC/P W Khandhar (Appellant) P R Hennessy SC/M A Kumar (Respondent) SOLICITORS : Turks Legal (Appellant) Keddies (Respondent)

LOWER COURT District Court JURISDICTION : LOWER COURT DC 12032/01 FILE NUMBER(S) : LOWER COURT Walmsley DCJ JUDICIAL OFFICER :