The appeal, which was brought by the practice at Rosalie, Brisbane, owned by Adam and Elizabeth Lusk, was upheld by the appeal court in a 3-0 decision on 1 April.
The court ordered that the first judgent be set aside and that the former ployee pay all court costs.
Adam and Elizabeth Lusk were found by the first court to have failed to provide adequate security back in 2005 when the fale ployee in her 40s was followed by the 70-year-old customer, a retired accountant, into a back room of the practice while she was alone in the prises.
There was no door between the front customer service area and the back section where she did repairs. The man came from behind her as she was repairing his glasses, put his hands on her hips, gyrated behind her, and cupped his hands on her breasts.
The Supre Court was told the customer later was charged with sexual assault, but died just days before his District Court trial.
Read more in the next issue of Insight.
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