DISTRICT COURT OF QUEENSLAND
CITATION:
Bergin v Queensland Cork & Timber Solutions Pty Ltd [2019] QDC 141
PARTIES:
BERGIN, Christopher William
(Plaintiff)v
Queensland Cork & Timber Solutions Pty Ltd (ACN 109 658 335)
(Defendant)FILE NO/S:
DC 0407 of 2018
DIVISION:
District Court
PROCEEDING:
Trial
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
8 August 2019
DELIVERED AT:
Brisbane
HEARING DATE:
17-18, 24 June 2019
JUDGE:
Loury QC DCJ
ORDER:
1. Plaintiff’s claim is dismissed.
2. Judgment for the defendant.
3. I will hear the parties as to costs.
CATCHWORDS:
TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – STANDARD OF CARE – CAUSATION – AS BETWEEN EMPLOYER AND EMPLOYEE – dispute as to liability and quantum – where the plaintiff was employed as a floor sander for the defendant – whether the defendant breached its duty of care – whether the risk of injury to the plaintiff was reasonably foreseeable – whether the injury suffered was caused by the defendant’s breach of its duty
WORKERS’ COMPENSATION – EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE – ARISING IN COURSE OF EMPLOYMENT – where the plaintiff had previously injured his left arm in a 2006 workplace accident – where the plaintiff’s right hand suffered an injury – whether the defendant is liable for the plaintiff’s physical injury and psychiatric injury – whether the psychiatric injury was pre-existing
Workers’ Compensation and Rehabilitation Act 2003 (Qld), s 305B, s 305C, s 305D, s 305E
Czatryko v Edith Cowan University (2005) 79 ALJR 839
Meandarra Aerial Spraying Pty Ltd v GEJ and MA Geldard Pty Ltd (2013) 1 Qd R 319, cited
Rudd v Starbucks Coffee Company (Australia) Pty Ltd [2015] QDC 232, cited
Stitz v Manpower Services and Anor [2011] QSC 268, cited
Stokes v House with No Steps [2016] QSC 79, cited
Vairy v Wyong Shire Council (2005) 223 CLR 422, cited
Vozza v Tooth & Co Ltd (1964) 112 CLR 316, cited
Wyong Shire Council v Shirt (1980) 146 CLR 40, citedCOUNSEL:
C Newton for the Plaintiff
B Charrington for the Defendant
SOLICITORS:
Maurice Blackburn for the Plaintiff
HopgoodGanim Lawyers for the Defendant
Background
On 3 November 2006, the plaintiff, then aged 26 years, suffered an injury to his left hand at work in New South Wales. As a result his flexor tendon and radial nerve were lacerated and required surgical repair. He had ongoing problems with the whole of his arm and he was ultimately diagnosed with chronic regional pain syndrome in his left hand and arm. The injury gave rise to a depressive illness. The plaintiff brought a claim for common law damages in New South Wales for both the chronic regional pain syndrome and psychiatric illness on the basis that the injuries resulted in significant incapacity for work. The settlement he received was for a gross amount of $475 000 which was paid to his then solicitors in October 2008. The plaintiff also received amounts of…
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- Case
- [2019] QDC 141
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the risk of injury to the plaintiff was reasonably foreseeable and whether the defendant had breached its duty of care. The court also had to decide if the injury suffered by the plaintiff was caused by the defendant's breach and if the plaintiff's psychiatric injury arose out of the physical injury sustained during the course of employment. The court had to assess the pre-existing nature of the plaintiff's psychiatric condition, if any, and its connection to the workplace incident.
The court found that the defendant did not breach its duty of care owed to the plaintiff. The risk of injury to the plaintiff was not reasonably foreseeable, and the injuries sustained were not caused by the defendant's breach. Additionally, the court ruled that the plaintiff's psychiatric injury was pre-existing and not a result of the workplace incident. Consequently, the plaintiff’s claim was dismissed, and judgment was entered in favour of the defendant. The court reserved its decision on costs pending further submissions from the parties.
Orders
Orders of the court
1. Plaintiff’s claim is dismissed.
2. Judgment for the defendant.
3. I will hear the parties as to costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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