Christine Anne Weaver v Endeavour Foundation

[2014] HCASL 132

CHRISTINE ANNE WEAVER

v

ENDEAVOUR FOUNDATION

[2014] HCASL 132
B5/2014

1. The applicant brought proceedings against her employer, the respondent, seeking damages for personal injury suffered whilst training fellow employees in how to deal with aggressive clients.  At trial, the Supreme Court of Queensland (McMeekin J) upheld the applicant's claim and awarded her $369,000.02 in damages.  The Court of Appeal (Holmes and Fraser JJA and Margaret Wilson J) allowed an appeal brought by the respondent. 

2. The Court of Appeal held that the primary judge mistook the content of instructions provided by the respondent, both in a manual and in training, as requiring the applicant to move quickly when undertaking a certain manoeuvre.  The correct interpretation of the relevant instructions was to require the applicant to move as quickly as possible within the limits of her physical capacities.  The Court of Appeal found that, properly interpreted, these instructions were not unreasonable, and that as a consequence the respondent had not breached any duty of care to the applicant.  The applicant now seeks special leave to appeal to this Court.

3. There is no reason to doubt the correctness of the conclusions reached by the Court of Appeal, which depended upon the application of settled principles to the particular facts.  An appeal to this Court would enjoy insufficient prospects of success to warrant a grant of special leave.

4. Pursuant to r 41.11.1 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

K.M. Hayne
6 August 2014 S.M. Crennan