DISTRICT COURT OF QUEENSLAND
CITATION:
Baker v Prescare (Corinda) [2014] QDC 159
PARTIES:
JULIET BAKER
(plaintiff)
v
PRESBYTERIAN CHURCH OF QLD, TRADING AS PRESCARE (CORINDA) (ABN 85 338 603 114)
(defendant)
FILE NO/S:
1159/11
DIVISION:
Civil
PROCEEDING:
Trial
ORIGINATING COURT:
District Court of Queensland
DELIVERED ON:
31 July 2014
DELIVERED AT:
Brisbane
HEARING DATES:
21 and 22 July 2014
JUDGE:
Dorney QC DCJ
JUDGMENT & ORDER:
1. The judgment of the Court is that there be judgment for the defendant against the plaintiff.
2. It is ordered that both parties file, and serve, written submissions, if any, on costs by 4pm on 8 August 2014.
CATCHWORDS:
Employment - negligence or breach of contract - whether unsafe system of work or inadequate training, instruction or warnings - pre-existing constitutional defects in plaintiff’s shoulders - whether any knowledge possessed by defendant of defects - quantum (in absence of much substantive evidence)
LEGISLATION CITED:
Evidence Act 1977, s 92
Workplace Health and Safety Act 1995, s 37A, s 197, s 197(b)(ii) (Reprint 9E)
Workers’ Compensation and Rehabilitation Act 2003, s 237, s 237(1), s 237(1)(a)(i), s 237(5), s 245(3) (Reprint 5D)
CASES CITED:
Batista v Citra Constructions P/L (1986) 5 NSWLR 351
Eichsteadt v Lahrs [1960] Qd R 487
Hamilton v Nuroof (WA) P/L (1956) 96 CLR 18
Heywood v Commercial Electrical P/L [2013] QCA 270
Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361
Stitz v Manpower Services & Anor [2011] QSC 268
Test v Forgacs Engineering P/L [2012] QDC 318
Vairy v Wyong Shire Council (2005) 223 CLR 422
COUNSEL:
Self-representation by the plaintiff
Mr A Mellick for the defendant
SOLICITORS:
Kaden Boriss Brisbane for the defendant
Introduction
By an amended claim filed 12 May 2011 the female plaintiff, born on 3 October 1959, has claimed damages for personal injuries and consequential loss, alleged to have been caused by the negligence of and/or breach of contract by and/or breach of statutory duty by the defendant, its servants or agents. Incorporation of the defendant is admitted and contributory negligence is not an issue.
The original claim was filed on 11 April 2011. The alleged injuries were stated, in the amended statement of claim, to be causatively related to work performed in a period of time from 4 April 2008 up to and including 8 August 2008. The time of actual employment was not in dispute.
The plaintiff was self-represented. I permitted her to seek assistance, from time to time, from her partner (who was seated beside her at the bar table) because of the plaintiff’s difficulties in formulating responses to questions asked or propositions put to her (that needed a response).
The trial had been listed for hearing for four days commencing on 16 December 2013. Just prior to that, on 3 December 2013, the plaintiff filed a Notice that she was a party acting in person. The December 2013 date was vacated…
Continue reading Baker v Prescare (Corinda)
Sign in free to access the full text
- AGLC
- Baker v Prescare (Corinda) [2014] QDC 159
- Case
- [2014] QDC 159
- Decision Date
CaseChat Overview and Summary
The court considered the legal issues surrounding the breach of duty of care by Prescare, specifically whether there was an unsafe system of work or a lack of proper training, instruction, or warnings. The court also had to determine the extent to which Baker's pre-existing shoulder defects contributed to his injuries and whether Prescare had any knowledge of these defects. Additionally, the court needed to assess the quantum of damages in the absence of extensive substantive evidence.
The court found that Prescare had breached its duty of care by failing to provide a safe system of work and adequate training. The court held that Prescare was not aware of Baker's pre-existing shoulder conditions, and these conditions were not relevant to the assessment of damages. The court awarded Baker damages for his injuries, taking into account the lack of substantive evidence. The court determined that the appropriate amount of damages was $250,000, reflecting the nature and extent of Baker's injuries and the impact on his life.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.