Faucett v St George Bank Ltd - [2003] NSWCA 43

Reported Decision:
(2003) Aust Tors Reports 81-699

Court of Appeal

CITATION: FAUCETT v ST GEORGE BANK LTD [2003] NSWCA 43

HEARING DATE(S): 3 March 2003

JUDGMENT DATE:
11 April 2003

JUDGMENT OF: Mason P at 1; Meagher JA at 2; Sheller JA at 3

DECISION: 1 Appeal allowed; 2 Set aside the verdict and judgment for the defendant; 3 In lieu thereof, verdict and judgment for the plaintiff in the amount of $104,305 to take effect from 5 October 2001; 4 The respondent to pay the costs of this appeal and of the hearing at first instance.

CATCHWORDS: Negligence - Duty of Care - Bank - Duty to employee - System of delivery of cash - Security within bank - Level of protection required - Evidence - Expert opinion - Whether outside specialist knowledge - Ultimate issue

LEGISLATION CITED: Evidence Act 1995

CASES CITED: State of New South Wales v Seedsman (2000) NSWCA 119
Mannall v The State of New South Wales (2001) NSWCA 327
Chomentowski v Red Garter Restaurant Pty Ltd (1970) 92 WN (NSW) 1070
Maloney v Commissioner of Railways (1978) 52 ALJR 292
Modbury Triangle Shopping Centre Pty Ltd v Anzil (2000) 205 CLR 254
Tame v New South Wales (2002) 76 ALJR 1348
Greenland v Chaplin (1850) 5 Ex 243; 155 ER 104
R v GK (2001) 53 NSWLR 317
Allstate Life Insurance Co v Australia and New Zealand Banking Group Ltd (No 6) (Court's 'Allstate' Judgment No 33) (1996) 64 FCR 79
Naxakis v West General Hospital (1999) 197 CLR 269
O'Brien v Gillespie (1997) 41 NSWLR 549
Idoport Pty Ltd v National Australia Bank Ltd (2000) 50 NSWLR 640
H G v The Queen (1999) 197 CLR 414
March v E & MH Stramare Pty Ltd (1991) 171 CLR 506

PARTIES :
Peta Faucett - Appellant
St George Bank Ltd - Respondent

FILE NUMBER(S): CA 40316/02

COUNSEL: J P Gormly SC/B G McManamey - Appellant
CRR Hoeben SC/S Flannigan - Respondent

SOLICITORS: Turner Freeman - Appellant
P W Turk & Associates - Respondent

LOWER COURTJURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 1252/00 (Parramatta)

LOWER COURT
JUDICIAL OFFICER : Delaney DCJ

CA 40316/02
DC 1252/00 (Parramatta)

MASON P
MEAGHER JA
SHELLER JA

FAUCETT v ST GEORGE BANK LIMITED

Following an armed robbery at the bank where she worked as a teller, the appellant suffered a severe psychological reaction that affected her everyday life and her capacity to obtain and retain employment. The bank had security screens but not anti-jump screens and, during the robbery, the robber had jumped over the counter where he had held a gun to the appellant's head. The bank had recently changed its system of cash delivery so that guards no longer escorted tellers to the strong room when they delivered money to the bank.

HELD (per Sheller JA, Mason P and Meagher JA agreeing):

1. That an employer bank owes a duty to take reasonable care of its employees and should reasonably expect that armed robberies in its premises…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2003] NSWCA 43
Decision Date: 11 April 2003

CaseChat Overview and Summary

Faucett v St George Bank Ltd concerned a claim brought by an employee against their employer, St George Bank Ltd, for damages arising from injuries sustained during a robbery. The employee alleged that the bank had breached its duty of care by failing to implement adequate security measures for the delivery of cash within the bank premises, leading to the employee's injury. The matter was heard in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the bank owed a duty of care to its employee regarding the system of cash delivery and the level of security required to discharge that duty. The court also considered the admissibility and weight of expert opinion evidence, particularly whether such evidence could address the ultimate issue before the court.

The Court of Appeal found that the bank did owe a duty of care to its employee to provide a reasonably safe system for the delivery of cash. The court determined that the existing security measures were insufficient to meet this standard, particularly in light of the known risks associated with handling cash. The court accepted that the expert evidence presented was relevant and admissible, assisting the court in understanding the appropriate security measures that should have been in place.

The appeal was allowed, and the verdict and judgment in favour of the defendant bank were set aside. In their place, a verdict and judgment were entered for the plaintiff employee in the sum of $104,305, with effect from 5 October 2001. The respondent bank was ordered to pay the costs of both the appeal and the proceedings at first instance.

Orders

Orders of the court

1 Appeal allowed; 2 Set aside the verdict and judgment for the defendant; 3 In lieu thereof, verdict and judgment for the plaintiff in the amount of $104,305 to take effect from 5 October 2001; 4 The respondent to pay the costs of this appeal and of the hearing at first instance.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	FAUCETT v ST GEORGE BANK LTD [2003] NSWCA 43
HEARING DATE(S):	3 March 2003
JUDGMENT DATE:	11 April 2003
JUDGMENT OF:	Mason P at 1; Meagher JA at 2; Sheller JA at 3
DECISION:	1 Appeal allowed; 2 Set aside the verdict and judgment for the defendant; 3 In lieu thereof, verdict and judgment for the plaintiff in the amount of $104,305 to take effect from 5 October 2001; 4 The respondent to pay the costs of this appeal and of the hearing at first instance.
CATCHWORDS:	Negligence - Duty of Care - Bank - Duty to employee - System of delivery of cash - Security within bank - Level of protection required - Evidence - Expert opinion - Whether outside specialist knowledge - Ultimate issue
LEGISLATION CITED:	Evidence Act 1995
CASES CITED:	State of New South Wales v Seedsman (2000) NSWCA 119 Mannall v The State of New South Wales (2001) NSWCA 327 Chomentowski v Red Garter Restaurant Pty Ltd (1970) 92 WN (NSW) 1070 Maloney v Commissioner of Railways (1978) 52 ALJR 292 Modbury Triangle Shopping Centre Pty Ltd v Anzil (2000) 205 CLR 254 Tame v New South Wales (2002) 76 ALJR 1348 Greenland v Chaplin (1850) 5 Ex 243; 155 ER 104 R v GK (2001) 53 NSWLR 317 Allstate Life Insurance Co v Australia and New Zealand Banking Group Ltd (No 6) (Court's 'Allstate' Judgment No 33) (1996) 64 FCR 79 Naxakis v West General Hospital (1999) 197 CLR 269 O'Brien v Gillespie (1997) 41 NSWLR 549 Idoport Pty Ltd v National Australia Bank Ltd (2000) 50 NSWLR 640 H G v The Queen (1999) 197 CLR 414 March v E & MH Stramare Pty Ltd (1991) 171 CLR 506
PARTIES :	Peta Faucett - Appellant St George Bank Ltd - Respondent
FILE NUMBER(S):	CA 40316/02
COUNSEL:	J P Gormly SC/B G McManamey - Appellant CRR Hoeben SC/S Flannigan - Respondent
SOLICITORS:	Turner Freeman - Appellant P W Turk & Associates - Respondent

LOWER COURTJURISDICTION:	District Court
LOWER COURT FILE NUMBER(S):	1252/00 (Parramatta)
LOWER COURT JUDICIAL OFFICER :	Delaney DCJ