Norman v Coles Supermarkets Aust P/L

SUPREME COURT OF QUEENSLAND

CITATION:

Norman v Coles Supermarkets Aust P/L [2000] QCA 295

PARTIES:

DAPHNE ELSIE NORMAN
(plaintiff/respondent)
v
COLES SUPERMARKETS AUSTRALIA PTY LTD ACN 004 189 708
(defendant/appellant)

FILE NO:

Appeal No 9975 of 1999
DC No 1900 of 1997

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

28 July 2000

DELIVERED AT:

Brisbane

HEARING DATE:

18 July 2000

JUDGES:

de Jersey CJ, Davies JA and Mullins J

Judgment of the Court

ORDER:

Appeal dismissed with costs

CATCHWORDS:

TORTS – NEGLIGENCE – STATUTES,  REGULATIONS ETC – ADMISSIBILITY AND EFFECT IN ACTIONS FOR NEGLIGENCE – GENERALLY – breach of contract – employee slipped ascending stairs at workplace – whether sufficient evidence adduced at trial to support findings

INDUSTRIAL LAW – QUEENSLAND - APPLICABILITY OF LEGISLATION AND GENERALLY - breach of statutory duty – Workplace Health and Safety Act 1989 s 9(1) – whether applicable to premises constructed prior to commencement of Act – failure to provide second handrail for stairs in breach of Workplace Health and Safety Regulation 1989 – whether condition of stairs irrelevant to action for breach of statutory duty

Workplace Health and Safety Act 1989 (Qld) s 9(1)
Workplace Health and Safety Regulation 1989 (Qld) s 94, s 140, s 141, s 142

Hardy v St Vincent's Hospital Toowoomba Ltd [2000] 2 QdR 19, considered.
Rogers v Brambles Australia Ltd [1998] 1 QdR 212, considered.
Schulz v Schmauser [2000] QCA 17; Appeal No 9022 of 1998, 11 February 2000; followed.

COUNSEL:

RAI Myers for the appellant
M Grant-Taylor SC with  PB de Plater for the respondent

SOLICITORS:

Clayton Utz for the appellant
Watling Roche for the respondent

1. THE COURT:  This is an appeal from the judgment of the learned District Court judge given on 8 October 1999 in favour of the plaintiff who is the respondent to this appeal.

1. The appellant was the respondent's employer and was found liable for damages for negligence, breach of contract and breach of statutory duty.  The damages were assessed at $72,092.19.  The appeal is in respect of the issue of liability only.

1. The respondent was employed by the appellant at its Caboolture store on 22 June 1988 and remained in that employment until she left the position on 30 November 1995.  After four or five years her position was that of "matron" which included looking after the tea room, collecting laundry and receiving it after cleaning, daily banking and posting mail.  In April 1995 a refurbishment of the store was being carried out.  At the date of the respondent's accident, the respondent was working from 9 am until 6 pm each week day assisting customers with problems arising from the refurbishment, in addition to her duties as "matron". 

1. On 27 April 1995 the respondent was walking up the stairs from the ground floor to the tea room to clock off at 6 pm.  The stairs comprised two flights both in the same direction, but separated by an intermediate landing.  There was…