Ajia v TJ & RF Fordham Pty Ltd trading as TRN Group

The case of Ajia v TJ & RF Fordham Pty Ltd trading as TRN Group was heard in the Supreme Court of Queensland. The plaintiff, Mr Ajia, a labour hire worker, brought an action against the defendant, the controller of the building site, for negligence. The dispute centred around injuries sustained by Mr Ajia while working at the site, allegedly due to the defendant's failure to provide a safe working environment and competent staff.

The primary legal issues before the court were whether the defendant owed a duty of care to the plaintiff, and if so, whether that duty was breached. The court had to determine if the defendant was negligent in failing to provide a safe system of work and competent staff, and if Mr Ajia's own actions contributed to his injuries. The court also needed to assess the causation of the injuries and the appropriate amount of damages to be awarded.

The court found that the defendant did owe a duty of care to the plaintiff, encompassing both the provision of a safe system of work and the employment of competent staff. It was determined that the defendant had breached this duty, particularly in failing to prevent horseplay and skylarking among the workers, which directly contributed to Mr Ajia's injuries. The court found that the plaintiff was not contributorily negligent. The damages were assessed based on the extent of Mr Ajia's injuries, his loss of income, and the impact on his capacity to work.

The court ordered that judgment be entered in favour of the plaintiff, awarding damages of $662,102.00. The defendant was directed to pay the plaintiff's costs of the proceedings. Additionally, the court granted leave to the parties to relist the matter for an alternate costs order if necessary.