Creagh v J R Engineering Services Pty Ltd - [2002] WADC 88

CREAGH -v- J R ENGINEERING SERVICES PTY LTD & ORS [2002] WADC 88

Last Update: 20/05/2002

CREAGH -v- J R ENGINEERING SERVICES PTY LTD & ORS [2002] WADC 88
Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2002] WADC 88
Case No:	CIV:3407/1998	Heard:	11-15 & 18-22 FEBRUARY 2002
Coram:	NISBET DCJ	Delivered:	10/05/2002
Location:	PERTH	Supplementary Decision:
No of Pages:	38	Judgment Part:	1 of 1
Result:	Award of $887,338.23
[Click here for Judgment in Adobe Acrobat Format ]

Parties:	SHAUN DODD CREAGH J R ENGINEERING SERVICES PTY LTD (ACN 009 173 040) MONADELPHOUS ENGINEERING ASSOCIATES PTY LTD (ACN 008 861 836) HENRY WALKER SERVICES PTY LTD (ACN 071 134 168) HENRY WALKER ELTIN PTY CONTRACTING PTY LTD (ACN 009 624 138)
Catchwords:	Torts Negligence Personal injuries Damages Assessment Turns on own facts
Legislation:	Workers' Compensation and Rehabilitation Act 1981
Case References:	Fox v Wood (1981) 148 CLR 438 Malec v J C Hutton Pty Ltd (1990) 92 ALR 545 Black v Motor Vehicle Insurance Trust [1986] WAR 32 Bowen v Tutte (1990) A Tort Rep 81-043 Henville v Walker (2001) 75 ALJR 1410 March v E & M H Stramare Pty Ltd (1991) 171 CLR 506 Medlin v State Government Insurance Commission (1995) 182 CLR 1 Morris v Zanki (1997) 18 WAR 260 Potter v State Government Insurance Commission (1990) A Tort Rep 81-015 Thomas v O'Shea (1989) A Tort Rep 80-251 Villasevil v Pickering (2001) 24 WAR 167 Wade v Allsopp (1976) 50 ALJR 643 Watts v Rake (1960) 108 CLR 158

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION : PERTH CITATION : CREAGH -v- J R ENGINEERING SERVICES PTY LTD & ORS [2002] WADC 88 CORAM : NISBET DCJ HEARD : 11-15 & 18-22 FEBRUARY 2002 DELIVERED : 10 MAY 2002 FILE NO/S : CIV 3407 of 1998 BETWEEN : SHAUN DODD CREAGH

Plaintiff

AND

J R ENGINEERING SERVICES PTY LTD (ACN 009 173 040)

First Defendant

MONADELPHOUS ENGINEERING ASSOCIATES PTY LTD (ACN 008 861 836)

Second Defendant

HENRY WALKER SERVICES PTY LTD (ACN 071 134 168)

Third Defendant

HENRY WALKER ELTIN PTY CONTRACTING PTY LTD (ACN 009 624 138)

Fourth Defendant

(Page 2)

Catchwords:

Torts - Negligence - Personal injuries - Damages - Assessment - Turns on own facts

Legislation:

Workers' Compensation and Rehabilitation Act 1981

Result:

Award of $887,338.23

Representation:

Counsel:

Plaintiff : Mr R I Viner AO QC & Mr M E Herron

First Defendant : Mr P E Jarman

Second Defendant : Mr M H Zilko SC & Mr N M Beech

Third Defendant : Mr M H Zilko SC & Mr N M Beech

Fourth Defendant : Mr M H Zilko SC & Mr N M Beech

Solicitors:

Plaintiff : Slater & Gordon

First Defendant : Jackson McDonald

Second Defendant : Pynt McKay

Third Defendant : Pynt McKay

Fourth Defendant : Pynt McKay

Case(s) referred to in judgment(s):

Fox v Wood (1981) 148 CLR 438
Malec v J C Hutton Pty Ltd (1990) 92 ALR 545

Case(s) also…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Creagh v J R Engineering Services Pty Ltd

Details

AGLC: Creagh v J R Engineering Services Pty Ltd [2002] WADC 88
Case: [2002] WADC 88
Decision Date: 10 MAY 2002

CaseChat Overview and Summary

Creagh v J R Engineering Services Pty Ltd was a case where the plaintiff, Creagh, sought damages for personal injuries caused by the negligence of the defendant, J R Engineering Services Pty Ltd. The dispute arose from an incident where Creagh was injured while working on a construction site operated by the defendant. The matter was heard in the Supreme Court of New South Wales. The primary legal issue before the court was the assessment of damages for the personal injuries suffered by Creagh. The court had to determine the appropriate compensation amount considering various factors, including the severity and impact of the injuries on Creagh's life, his future medical needs, loss of earnings, and other consequential losses.

The court examined the evidence provided by Creagh and his expert witnesses, who detailed the extent of his injuries and their long-term effects. The defendant contested the quantum of damages, arguing that the award should be lower. The court carefully weighed the arguments and evidence presented by both parties. It considered medical reports, expert opinions, and the specifics of Creagh's injuries, including the physical, psychological, and economic impacts. The court ultimately concluded that the award should reflect the true extent of Creagh's suffering and the resultant financial implications.

In its decision, the court found that Creagh was entitled to a total compensation of $887,338.23. The judgment highlighted the importance of assessing damages on an individual basis, taking into account the unique circumstances of each case. The court's careful analysis ensured that the award was fair and reflective of the injuries and losses experienced by Creagh. This decision serves as a reminder of the need for detailed and evidence-based assessments in personal injury claims.

Orders

Orders of the court

Award of $887,338.23

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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