Beverley v Hill-Douglas & Hill-Douglas

In the Supreme Court of Queensland, Dallas Leslie Beverley brought an action against Sholto Albert Sidney Hill-Douglas and Zoe Mary Elizabeth Hill-Douglas, trading as A.E. Hill & Company, for injuries sustained in a motorcycle accident on 10 September 1988. The plaintiff, Beverley, was a jackaroo on Luthrie Station, owned and operated by the defendants. He claimed that while inspecting bores, checking for fly traps, and looking for fly-blown sheep, his motorcycle struck a wire fence, causing severe injuries. The defendants admitted to the plaintiff's injuries but denied that the accident occurred during working hours or that the plaintiff was mustering sheep. They also alleged contributory negligence on the part of the plaintiff.

The court found that the plaintiff was indeed engaged in work-related activities at the time of the accident, which occurred within normal working hours. The court held that the defendants breached their duty of care by failing to provide adequate instructions or training to the plaintiff regarding the safe methods of manoeuvring a motorbike while working with stock in close proximity to fences. The court rejected the defendants' argument that the plaintiff's own negligence contributed to the accident. The court assessed the plaintiff's damages, including general damages, past and future economic loss, gratuitous care, special damages, future medical expenses, and superannuation. The total damages awarded to the plaintiff were $488,004.00.