ACI Metal Stamping & Spinning Pty Ltd v Boczulik [1964] HCA 26

Procedural Posture

Appeal in Employee Personal Injury Negligence Action / Appeal to the High Court of Australia From an Order of the Full Court of the Supreme Court of New South Wales Dismissing the Defendant's Motion for a New Trial or Alternatively Judgment/verdict for the Defendant

Legal Issues

1. 1 ["Whether the employer's duty to take reasonable care for the safety of its employee extended to an employee injured after work on a private pathway outside the employer's premises that was used for access to a public street." 'Whether the absence of control by the employer over the pathway precluded the existence of a duty of care.' 'Whether the availability of other safe routes to the public street meant that the employer had performed its duty as a matter of law.']

Ratio Decidendi

The appeal was dismissed because the jury could treat Tenth Street as a means of access and egress made available to the respondent as an incident of her employment. While using it after work to reach a public street, the relationship of master and servant still subsisted for that purpose, so the appellant's duty to take reasonable care for her safety extended to that use. Lack of control over Tenth Street affected only the precautions reasonably required, and the mere availability of other safe routes did not as a matter of law discharge the duty where Tenth Street was a regular route, associated with the bundy door and clock, and no warning or protection against the excavation was given.

Court Disposition

Appeal dismissed with costs.

Orders

• ['Appeal dismissed with costs.']