JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: COATZ -v- WESTCOURT LIMITED [2002] WADC 84
CORAM: HH JACKSON DCJ
HEARD: 1, 2 & 5 NOVEMBER 2001
DELIVERED : 3 MAY 2002
FILE NO/S: CIV 1205 of 2000
BETWEEN: KENNETH ARTHUR COATZ
Plaintiff
AND
WESTCOURT LIMITED
Defendant
Catchwords:
Occupiers' liability - Negligence - Liability and damages - Building site - Site cleanup - Knee injury
Legislation:
Occupiers' Liability Act 1985, s 5
Result:
Claim dismissed - Provisional assessment of damages
Representation:
Counsel:
Plaintiff: Mr B J Singleton QC with Mr D J Bayly
Defendant: Mr P A Monaco
Solicitors:
Plaintiff: Bradley & Bayly
Defendant: Godfrey Virtue & Co
Case(s) referred to in judgment(s):
Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479
Black v Motor Vehicle Insurance Trust [1986] WAR 32
Bowen v Tutte (1990) A Tort Rep 81‑043
Keogh v Dom‑Uie Pty Ltd, unreported; FCt SCt of WA; Library No 950649; 29 November 1995
Purkess v Crittenden (1965) 114 CLR 164
Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 60 ALJR 194
Thomas v O'Shea (1989) A Tort Rep 80‑251
Case(s) also cited:
Andriolo v G & G Constructions Pty Ltd (1989) A Tort Rep 80-235
Bressington v Commissioner for Railways (NSW) (1947) 75 CLR 339
Bryant v Fawdon Pty Ltd (1993) A Tort Rep 81-204
Burnie Port Authority v General Jones Pty Ltd (1994) A Tort Rep 81-264
Bus v Sydney City Council (1989) 167 CLR 78
Coles & Ors v Montague Grant Architects Pty Ltd & Anor, unreported; SCt of WA; Library No 950374; 12 June 1995
Hill-Douglas v Beverley [1998] QCA 435
Performing Right Society Ltd v Mitchell & Booker (Palais de Danse) Ltd [1924] 1 KB 762
Sarvanidis v Chicago Bridge & Iron Constructors Pty Ltd (1989) A Tort Rep 80‑292
Scott v Boral Timber Tasmania Pty Ltd [2000] TASSC 120; 30 August 2000
Torette House Pty Ltd v Berkman (1939) 39 SR (NSW) 156
Tressider v Austral Stevedoring & Lighterage Co Pty Ltd [1968] 1 NSWR 566
Turner v State of South Australia (1982) 29 SASR 552
Vozza v Tooth & Co Ltd (1964) 112 CLR 316
HH JACKSON DCJ: This action is brought by the plaintiff who was born on 19 August 1945 and is and was formerly a bobcat operator. The defendant company occupied and controlled a building site at Lot 322 Cessna Drive, Jandakot where it was engaged in building a residential residence, and was at all material times an occupier of the site within the meaning of s 5 of the Occupiers' Liability Act 1985.
The defendant engaged the plaintiff to attend at the building site to complete the removal of building debris and the cleaning of the site.
It is alleged that on…
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- Case
- [2002] WADC 84
- Decision Date
CaseChat Overview and Summary
The court examined the medical evidence presented, particularly focusing on the plaintiff's history of knee issues, including a menisectomy some thirty years prior to the incident. The orthopaedic surgeon's report concluded that the plaintiff had significant degenerative arthritis, which was an inevitable consequence of the prior surgery. The court considered whether the injuries suffered during the incident on the site had aggravated the pre-existing condition or caused additional damage. The surgeon's testimony indicated that while the plaintiff did suffer a soft tissue injury, there was no significant new pathology attributable to the incident, and the primary cause of the plaintiff's current symptoms was the long-standing degenerative arthritis.
The court determined that the plaintiff's pre-existing degenerative arthritis was the predominant cause of his disability, and any contribution from the site incident was minimal. The plaintiff's employment history, which involved physically demanding work, likely accelerated the degenerative process. The court held that the plaintiff had made a complete recovery from the site incident, but his work capacity was limited by the degenerative arthritis. The court concluded that the plaintiff's current work as a self-employed bobcat and truck driver was consistent with his medical condition and that he could not perform full-time work as a plant operator or bobcat driver due to his knee condition. The court found that Westcourt Limited was not liable for the plaintiff's injuries or the resulting damages.
In summary, the court awarded the plaintiff nominal damages for the soft tissue injury but found that Westcourt Limited was not liable for the degenerative arthritis or any significant exacerbation of the plaintiff's condition. The plaintiff's ongoing medical needs and the impact on his work capacity were attributed to the pre-existing degenerative arthritis, not the site incident.
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