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 2003JUDGMENT 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 506PARTIES :
Peta Faucett - Appellant
St George Bank Ltd - RespondentFILE NUMBER(S): CA 40316/02 COUNSEL: J P Gormly SC/B G McManamey - Appellant
CRR Hoeben SC/S Flannigan - RespondentSOLICITORS: 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
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…
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- Case
- [2003] NSWCA 43
- Decision Date
CaseChat Overview and Summary
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
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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