Seage v State of New South Wales

The plaintiff, a detective sergeant employed by the State of New South Wales, brought proceedings against his employer alleging negligence after sustaining a back injury while moving a desk at a police station. The incident occurred during a period of relocation within the station, and the plaintiff's involvement in moving the desk was described as a commonplace activity not forming part of his regular duties. The matter proceeded to the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the employer had breached its duty of care to the plaintiff. Specifically, the court had to determine if the employer had failed to take reasonable precautions to prevent the plaintiff from suffering injury during the course of his employment, particularly in relation to the activity of moving the desk.

The Court of Appeal found that the employer had not breached its duty of care. The judges reasoned that moving a desk was an ordinary, everyday activity that did not require specific training or supervision. The employer was not under a duty to anticipate that such a commonplace activity, undertaken by an employee who was not performing it as part of his regular duties, would pose a foreseeable risk of injury. The court applied the established principles of negligence, focusing on the employer's duty to take reasonable steps to protect employees from foreseeable risks of harm. In this instance, the risk was not considered foreseeable in a way that would necessitate specific preventative measures by the employer.

The appeal was dismissed, and the plaintiff was ordered to pay the costs of the State of New South Wales.