Samsung Electronics Australia Pty Ltd v Macura [2005] NSWCA 386

New South Wales Court of Appeal

Samsung Electronics Australia Pty Ltd v Macura [2005] NSWCA 386 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 19/10/05

JUDGMENT DATE: 11 November 2005

JUDGMENT OF: Mason P at 1; Campbell AJA at 2; Gzell J at 3

DECISION: Leave to appeal granted. Appeal allowed. Verdict and judgment for injured workman set aside and in lieu verdict and judgment for warehouse owner.

CATCHWORDS: TORTS - Negligence - Duty of Care - Employee of company caring out warehouse functions sustained back injury unloading a container of electrical goods - Whether injured workman owed a duty of care by warehouse owner analogous to the non-delegable duty owed by an employer to an employee - Whether warehouse owner owed a duty of care to the injured workman of the type in Stevens v Brodribb Sawmilling Co Pty Ltd (1985-1986) 160 CLR 16

District Court Act 1973 LEGISLATION CITED: Suitors' Fund Act 1951

TNT Australia Pty Ltd v Christie [2003] NSWCA 47 CASES CITED: Stevens v Brodribb Sawmiling Co Pty Ltd (1985-1986) 160 CLR 16 Boral Roof Tiles v O'Brien, NSWCA, unreported, 15 December 1994

Samsung Electronics Australia Pty Ltd - Claimant PARTIES: Miroslav Macura - Opponent

FILE NUMBER(S): CA 41134/04

P Morris - For Claimant COUNSEL: J B Hall QC/ R McCloghry - Opponent

Eugene Lepore & Associates Solicitors - Claimant SOLICITORS: James Tuite & Associates Lawyers - Opponenet

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 3791/03

LOWER COURT JUDICIAL OFFICER: Graham DCJ