Court of Appeal

Thomas Borthwick & Sons (Australia) Pty Ltd v Ataera [2014] QCA 123 (14/0644) Muir and Morrison JJA and Dalton J 27 May 2014

Full-text: QCA14-123.pdf


APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE'S FINDINGS OF FACT – FUNCTIONS OF APPELLATE COURT – FINDINGS ON ISSUE OF NEGLIGENCE – GENERALLY – where the respondent was employed by the applicant in its meatworks as a “print term operator” – where the respondent packed product of the meatworks into boxes for shipment – where the respondent developed carpal tunnel syndrome first in her right hand and then later in her left hand – where the respondent alleged that her work as a print term operator exposed her to a risk of developing carpal tunnel syndrome and that her injury was caused by the negligence of the applicant – whether the primary judge’s finding that the respondent would probably not have developed the condition had an adequate rotation system been in place lacks sufficient evidentiary support – whether the primary judge’s finding that the respondent’s work as print term operator caused the development of the condition in her left wrist lacks sufficient evidentiary support