Davey v TriCare Ltd

Davey v TriCare Ltd involved a claim for damages brought by the plaintiff, who was employed as a nurses’ assistant at a nursing home operated by the defendant. The plaintiff alleged she suffered injuries to her back while lifting patients using a 'cradle lift', and sought damages for negligence, breach of contract, and breach of statutory duty. The case was heard and determined by the NSW District Court.

The court was required to determine whether the defendant had breached its duty to provide a safe system of work, including whether it should have provided and required the use of equipment to avoid the risk of injury to the plaintiff. The court also had to assess whether the defendant had breached its contractual obligations and statutory duties. A further issue was whether the plaintiff's injury was aggravated by an underlying degenerative condition.

The court found that the defendant had breached its duty to provide a safe system of work by failing to provide and require the use of equipment to avoid the risk of injury to the plaintiff. The court held that the plaintiff's injury was not aggravated by an underlying degenerative condition. The court found in favour of the plaintiff and awarded damages in the sum of $23,186.00. The defendant was ordered to pay the plaintiff's costs of the proceeding.