Dance v Jemeas Pty Ltd (No 2)

[2019] QSC 303

SUPREME COURT OF QUEENSLAND

CITATION:

Dance v Jemeas Pty Ltd (No 2) [2019] QSC 303

PARTIES:

ROBIN AARON DANCE

(plaintiff)

v
JEMEAS PTY LTD

(defendant)

FILE NO/S:

256 of 2018

DIVISION:

Trial Division

PROCEEDING:

Trial

ORIGINATING COURT:

Supreme Court at Rockhampton

DELIVERED ON:

11 December 2019

DELIVERED AT:

Rockhampton

HEARING DATE:

22, 23, 24, 25 October 2019; Final submissions received 5 November 2019.

JUDGE:

Crow J

ORDER:

Judgment for the plaintiff against the defendant for the sum of $620,255.97

CATCHWORDS:

TORTS – NEGLIGENCE – GENERALLY – where plaintiff was injured lifting a sausage roll mix while employed by defendant – where liability and quantum are in dispute – where defendant alleges contributory negligence - where defendant alleges plaintiff provided false and misleading statements to WorkCover regarding the existence of back injury prior to the accident – whether defendant is liable – whether plaintiff was contributory negligent – whether defendant provided false and misleading statements to WorkCover

Workers’ Compensation and Rehabilitation Act 2003 (Qld) s 305B, s 305H, s 305F, s 306O, S 306P, s 306J, s 306N

Workers’ Compensation and Rehabilitation Regulation 2014 (Qld)

Civil Liability Act 2003 (Qld) s 55

Uniform Civil Procedure Rules 1999 (Qld) r 5

McLean v Tedman (1984) 155 CLR 306

Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301

Guirguis Pty Ltd & Anor v Michel's Patisserie System Pty Ltd & Ors [2017] QCA 83

AAI Ltd v Marinkovic [2017] 2 Qd R 672

Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588

Sharman v Evans (1987) 138 CLR 563

Wynn v NSW Insurance Ministerial Corporation (1995) 184 CLR 485

Mills v BHP Coal Pty Ltd [2017] QSC 184

Henderson v Dalrymple Bay Coal Terminal [2005] QSC 124

Heywood v Commercial Electrical Pty Ltd [2013] QCA 270

Hopkins v WorkCover Qld [2004] QCA 155

Nucifora & Another v AAI Limited [2013] QSC 338

Paul v Rendell (1981) 55 ALJR 371

Watts v Rake (1960) 108 CLR 158

Purkess v Crittenden (1965) 114 CLR 164

COUNSEL:

RM Treston QC and J Sorbello for the plaintiff
R F King-Scott defendant

SOLICITORS:

Morton & Morton for the plaintiff/respondent
Hall & Wilcox for the defendant/applicant

Background

1. The plaintiff, Mr Dance, is currently 44 years of age having been born on 5 May 1975. Mr Dance is a trade-qualified baker. He suffered injury to his lower back on 1 November 2016 lifting a bowl with quad-mixture weighing approximately 45.2kg. Liability and quantum are in issue.

   Liability - Negligence

2. Mr Dance received his trade qualification as a baker on 14 May 2010[1]. Mr Dance then worked for approximately 6 months at the Howard Hot Bread Bakery, before working for several months at the Fraser Island Bakery. In June of 2011, Mr Dance first took up employment with the defendant, Jemeas Pty Ltd, who trades under the name ‘Top of the Bay Bakery’. Mr Steven Sarah is a director of that company and was also Mr Dance’s supervisor.

   [1]  See Exhibit 4.

3. Mr Dance says that when he commenced at…