Shanmugaratnam v Strasburger Enterprises (Properties) Pty Ltd

Shanmugaratnam (the appellant) brought proceedings against Strasburger Enterprises (Properties) Pty Ltd (the respondent) alleging negligence. The dispute concerned injuries sustained by the appellant in the course of his employment with the respondent, specifically relating to a failure to devise or enforce a safe system of garbage disposal. The matter was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the trial judge had erred in failing to deal with an alternative case pleaded by the appellant, and whether that alternative case had been properly opened or maintained at trial. The alternative case concerned the respondent's alleged negligent failure to devise or enforce a safe system of garbage disposal.

The Court of Appeal found that the alternative case concerning the safe system of garbage disposal was not properly opened or maintained at trial. The judges were satisfied that the trial judge had dealt with the case as it was presented and argued before him. Consequently, the appeal was dismissed.