SUPREME COURT OF VICTORIA
COURT OF APPEAL
No 3848 of 2008
| ADRIENNE TURNER | Appellant |
| v | |
| VICTORIAN ARTS CENTRE TRUST | Respondent |
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| JUDGES | ASHLEY, MANDIE JJA and BEACH AJA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARING | 24 September 2009 |
| DATE OF JUDGMENT | 2 October 2009 |
| MEDIUM NEUTRAL CITATION | [2009] VSCA 224 |
| JUDGMENT APPEALED FROM | Turner v Victorian Arts Centre Trust (Orders after trial by judge and jury, County Court of Victoria, Judge O’Neill, 22 August 2008) |
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ACCIDENT COMPENSATION – Negligence – Jury trial – Evidence – Collateral evidence rule – Evidence not collateral – Application to discharge jury – Matter corrected by direction from trial judge – Expert evidence – Not a matter requiring expertise – Evidence excluded – Appeal dismissed.
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| Appearances: | Counsel | Solicitors |
For the Appellant | Mr A G Uren QC with Mr A D B Ingram | Clark Toop and Taylor |
| For the Respondent | Mr J Ruskin QC with Mr S A O’Meara | Thomson Playford Cutlers Lawyers |
ASHLEY JA
MANDIE JA
BEACH AJA:
Introduction
This case concerns alleged exposures to psychosocial stressors and workplace bullying. Ms Adrienne Turner (‘the appellant’) was employed by the Victorian Arts Centre Trust (‘the respondent’) between August 1985 and 25 January 2001. The appellant alleges that during the latter part of her employment as a ticketing officer - specifically, between 20 October 1999 and 25 January 2001 - she was exposed to psychosocial stressors, and more particularly workplace bullying behaviour on the part of the ticketing services manager of the respondent, Mr Dominic Holden.[1] She claims that, as a result of such exposure, she sustained psychiatric injuries.[2]
[1]See paragraph two of the agreed summary of proceedings, facts and issues. However, we note that whilst the main thrust of the appellant’s case concerned the activities of Mr Holden, the pleadings and evidence encompassed other actions in respect of which the appellant made complaint. So, for example, some conduct of Ms Jenny Lacey (whose position was box office co-ordinator) was also in issue.
[2]The injuries claimed included ‘major depression and anxiety’, ‘aggravation and exacerbation of hypertension’, ‘panic disorder with agoraphobia’ and ‘post traumatic stress disorder’. ‘Obesity’ was also claimed as an injury.
The appellant commenced proceedings against the respondent in the County Court claiming damages in respect of her injuries. The claim was put in negligence and in breach of contract. On 22 August 2008, after a two and a half week trial, the jury returned a verdict for the respondent. Judgment was entered for the respondent in accordance with the verdict of the jury.
The appellant now appeals to this Court. She seeks to have the judgment entered against her set aside and the proceeding remitted to the County Court for retrial.
The appellant’s complaints can be summarised as follows:
(a) The judge permitted a breach of the collateral evidence rule in relation to evidence given by a former fellow employee of the appellant, Ms Ann O’Hanlon.[3]
[3]Grounds 1-5.
(b) The judge failed to discharge the jury after what is said to have been ‘the…
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- Case
- [2009] VSCA 224
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around the admissibility of certain evidence, specifically whether the collateral evidence rule applied, and whether the trial judge correctly excluded expert evidence on matters not requiring expertise. The court had to determine whether the jury trial was appropriately directed and if the trial judge's intervention was justified. Additionally, the court assessed whether the exclusion of the expert evidence was proper and if the appeal against the trial judge's decisions should be upheld.
The Supreme Court found that the evidence presented was not collateral and thus admissible. The court also determined that the trial judge's intervention in directing the jury was appropriate, correcting any potential misdirection. Furthermore, the court held that the exclusion of the expert evidence was justified as the matters in question did not require expert testimony. Consequently, the appeal was dismissed, upholding the trial judge's decisions and the jury's verdict.
Orders
Orders of the court
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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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