Conceicao v Visypak Operations Pty Ltd

The appeal concerned a dispute between an employee, Conceicao, and his employer, Visypak Operations Pty Ltd, regarding damages awarded following a workplace injury. The employee had appealed the quantum of damages awarded by the trial judge, while the employer had cross-appealed. The Court of Appeal was required to determine whether the trial judge had erred in assessing the damages and whether the employer's cross-appeal had merit.

The central legal issues revolved around the adequacy of the damages awarded and the employer's contention that the employee had been contributorily negligent. Specifically, the court had to consider whether the system of work, which involved workers dismounting unaided from a conveyor belt at a height of 550 millimetres, posed a foreseeable risk of ankle injury due to contact with an angle iron. The court also had to assess whether the employee's actions contributed to his injury.

The Court of Appeal allowed the employee's appeal, finding that the trial judge's award of damages was insufficient. The court set aside the original damages award and remitted the matter to the District Court for a re-hearing solely on the question of damages. The court also varied the costs order, directing that the respondent employer pay the appellant employee's costs of the trial relating to liability. The employer's cross-appeal was dismissed, and the employer was ordered to pay the employee's costs of the appeal and cross-appeal.