Calvert v Mayne Nickless Ltd (No 1)

The plaintiff, Calvert, brought an action against Mayne Nickless Ltd for damages resulting from personal injuries sustained during her employment. The defendant, Mayne Nickless Ltd, denied liability for the injuries and argued that even if they were found to be at fault, their breach of duty did not cause the injuries. The trial judge found that an incident had occurred as alleged and that the defendant's breach of duty did cause the injury. The defendant appealed the decision, arguing that the judge's findings of fact were not supported by the evidence and that the damages awarded were excessive. The plaintiff cross-appealed, arguing that the judge had not awarded sufficient damages.

The court considered whether the judge's findings of fact were supported by the evidence and whether the damages awarded were appropriate. The court held that the judge's findings of fact were supported by the evidence and that the judge had applied the relevant provisions of the WorkCover Queensland Act 1996 (Qld) correctly. The court also held that the damages awarded were appropriate, taking into account the contingencies and the relevant statutory provisions.

The court dismissed the defendant's appeal and the plaintiff's cross-appeal, with each party ordered to pay their own costs of the appeal and cross-appeal. The court held that the judge's findings of fact were open to her on the evidence and that the damages awarded were not excessive. The court found that the judge had applied the relevant statutory provisions correctly and that the damages awarded were appropriate.

The final orders were that the defendant's appeal was dismissed with the defendant to pay the plaintiff's costs of the appeal assessed on the standard basis and that the plaintiff's cross-appeal was dismissed with the plaintiff to pay the defendant's costs of the cross-appeal assessed on the standard basis.