NSW Caselaw
New South Wales Court of Appeal
CITATION: WHITTON v STATE OF NSW [2005] NSWCA 97
HEARING DATE(S): 30/03/2005
JUDGMENT DATE: 19 May 2005
JUDGMENT OF: Mason P at 1; Beazley JA at 2; Bryson JA at 3
DECISION: Appeal allowed with costs: see [44]
CATCHWORDS: NEGLIGENCE – employment – school classroom – teacher suffered injury when, on rising from chair while working at computer table, her foot was caught in a loose cable – consideration of facts relating to history of teacher's complaints to School Principal – Principals' decision on action to be taken and degree of remoteness of risk – held risk was foreseeable and foreseen and there was breach of duty as response to foresight of risk was not reasonably adequate – judgment for damages to be assessed by District Court.
Andar Transport Pty Ltd v. Brambles Ltd (2004) 78 ALJR 907 Bankstown Foundry Pty Ltd v. Braistina (1986) 160 CLR 301 Dovuro Pty Limited v. Wilkins (2003) 77 ALJR 1706 CASES CITED: Hamilton v. Nuroof (WA) Pty Ltd (1956) 96 CLR 18 Mount Isa Mines Ltd v. Pusey (1970) 125 CLR 383 Wyong Shire Council v. Shirt (1980) 146 CLR 40
Maria Christine Whitton - Appellant PARTIES: Stte of New South Wales - Respondent
FILE NUMBER(S): CA 40151/2004
R. McIllwaine SC & R. Quickenden - Appellant COUNSEL: P. Perry & K. Sibley - Respondent
Peter Hudson Lawyer - Appellant SOLICITORS: Rankin Nathan Lawyers - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 278/2001
LOWER COURT JUDICIAL OFFICER: Patten DCJ
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 40151/2004
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