Brett McKie v Munir Al-Hasani and Kenoss Contractors Pty Ltd (in Liq)

Brett McKie brought an action against Munir Al-Hasani and Kenoss Contractors Pty Ltd (in liquidation) seeking damages for injuries sustained during his employment. The dispute involved allegations of a breach of statutory duty under occupational health and safety legislation, specifically in relation to the employer's failure to provide a safe working environment. The case was heard in the Supreme Court of Queensland.

The central legal issue was whether Munir Al-Hasani, as an officer of Kenoss Contractors Pty Ltd, had a duty to ensure compliance with occupational health and safety regulations, and if so, whether there was a breach of that duty that led to Mr McKie's injuries. Additionally, the court had to determine if Kenoss Contractors Pty Ltd, through its officer, failed to control the risks that resulted in Mr McKie's exposure to the risk of death or serious injury or illness.

The court found that Munir Al-Hasani, as an officer of the company, had a duty to ensure compliance with occupational health and safety legislation. It was established that there was a failure to implement adequate safety measures and controls, which directly contributed to Mr McKie's injuries. The court held that Kenoss Contractors Pty Ltd, through its officer, was negligent in not providing a safe working environment and in failing to control the risks associated with the work. Consequently, the court awarded damages to Mr McKie for his injuries.

The court ordered Munir Al-Hasani and Kenoss Contractors Pty Ltd (in liquidation) to pay Mr McKie compensation for his injuries, costs, and interest. The exact amount of damages was to be determined in a subsequent proceeding.