Faulkner v Tidewater Marine Australia Pty Ltd (No.2)

In *Faulkner v Tidewater Marine Australia Pty Ltd (No.2)*, the applicant, Mr. Faulkner, sought to recover damages for personal injury sustained while employed by the respondent, Tidewater Marine Australia Pty Ltd. The dispute concerned the respondent's liability for the applicant's injuries, which allegedly arose from the respondent's negligence and breach of statutory duty. The matter was heard in the District Court of Western Australia.

The primary legal issues before the court were whether the respondent had breached its duty of care to the applicant, and if so, whether that breach caused or contributed to the applicant's injuries. The court was also required to determine the extent of the applicant's damages, including any economic loss and general damages for pain, suffering, and loss of amenity.

Judge Lucev found that the respondent had breached its duty of care to the applicant by failing to provide a safe system of work and adequate supervision. The court applied the principles of negligence, considering the foreseeability of the risk of injury and the reasonableness of the precautions that ought to have been taken. The court also considered the provisions of the *Occupational Safety and Health Act 1984* (WA) in assessing the respondent's statutory obligations. The court concluded that the respondent's breaches were causative of the applicant's injuries.

The court ordered that the respondent pay damages to the applicant. The quantum of damages was determined by assessing the applicant's past and future economic loss, as well as general damages for his pain, suffering, and loss of enjoyment of life.