DISTRICT COURT OF QUEENSLAND
CITATION:
Gairns v Pro Music Pty Ltd [2024] QDC 118
PARTIES:
ROBERT DAVID GAIRNS
(plaintiff)v
PRO MUSIC PTY LTD
(ABN 15 007 958 617)
(defendant)FILE NO:
BD 2982/22
DIVISION:
Trial Division
PROCEEDING:
Civil
DELIVERED ON:
2 August 2024
DELIVERED AT:
Brisbane
HEARING DATE:
27 and 28 May and 31 July 2024 (written submissions provided by the defendant on 5 and 11 June 2024 and the plaintiff on 10 June 2024)
JUDGE:
Rosengren DCJ
ORDER:
JUDGMENT FOR THE PLAINTIFF IN THE SUM OF $395,767
CATCHWORDS:
TORTS – ESSENTIALS OF ACTION FOR NEGLIGENCE – EMPLOYER AND EMPLOYEE – DUTY OF CARE – REASONABLY FORESEEABILTY OF INJURY – where the plaintiff was employed by the defendant as a supervisor of internal sales – where the plaintiff claims damages for a psychiatric injury suffered following a meeting with the managing director during which he was demoted – where the defendant was aware that the plaintiff could become easily stressed and anxious – whether the defendant owed the plaintiff the alleged duty of care – whether the risk of the plaintiff sustaining a recognisable psychiatric illness was reasonably foreseeable – whether the defendant took appropriate precautions to prevent such an injury from occurring – whether the plaintiff has proved that but for the defendant’s breaches the plaintiff’s psychiatric injury would not have occurred
DAMAGES – MEASURE OF DAMAGES – PERSONAL INJURIES – GENERAL DAMAGES – where the parties are in dispute as to the appropriate ISV
DAMAGES – MEASURE OF DAMAGES – PERSONAL INJURIES – LOSS OF EARNING CAPACITY – where the plaintiff was a long-term employee of the defendant – what the plaintiff’s likely employment would have been had he not been injured
Workers’ Compensation and Rehabilitation Act 2003 (Qld)
Workers’ Compensation and Rehabilitation Regulation 2003 (Qld)Annetts v Australian Stations Pty Ltd (2005) 222 CLR 44
Bevan v Wagner Industrial Services Pty Ltd [2017] QCA 246
Czatyrko v Edith Cowan University (2005) 214 ALR 349
Downe v West Area Health Service (No. 2) (2008) 71 NSWLR 633
Eaton v TriCare (County) Pty Ltd [2016] QCA 139
Govier v Uniting Church In Australia Property Trust (Q) [2017] QCA 12
Hayes v State of Queensland [2017] 1 Qd R 337
Keegan v Sussan Corporation (Aust) Pty Ltd [2014] QSC 64
Koehler v Cerebos (Aust) Ltd (2005) 222 CLR 44Little v McCarthy & Anor [2014] QSC 274
March v E & MH Stramere Pty Ltd (1999) 171 CLR 506
Meandarra Aerial Spraying Pty Ltd v GEJ & MA Geldard Pty Ltd [2012] QCA 315
Meechan v Savco Earthmoving Pty Ltd [2021] QCA 264
Nationwide News Pty Ltd v Naidu (2007) 71 NSWLR 471
New South Wales v Paige [2002] NSWCA 235Paul & Anor v Rendell (1981) 35 ALR 569
Potter v Gympie Regional Council [2022] QCA 255
Qantas Airways Limited v Fisher [2014] QCA 329
Queensland Corrective Services Commission v Gallagher [1998] QCA 426
Robertson v State of Queensland & Anor [2021] QCA 92
Robinson v State…
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- Case
- [2024] QDC 118
- Decision Date
CaseChat Overview and Summary
The court considered established principles of negligence, focusing on the foreseeability of the injury and the relationship between the employer and employee. It was held that Pro Music Pty Ltd had knowledge of Gairns' vulnerability to stress and anxiety and should have reasonably foreseen the risk of a psychiatric injury arising from the demotion. The court found that the defendant did not take adequate steps to prevent such an injury, thereby breaching the duty of care owed to Gairns. Consequently, the court ruled that Gairns' psychiatric injury was a direct result of the defendant's breaches.
In terms of damages, the court determined that Gairns was entitled to general damages for his psychiatric injury. The court also considered the appropriate income support value (ISV) for calculating the damages. Given Gairns' long-term employment with the defendant, the court assessed what his likely employment situation would have been had he not been injured. The court ultimately awarded Gairns $395,767 in damages, representing both general damages and loss of earning capacity.
Orders
Orders of the court
JUDGMENT FOR THE PLAINTIFF IN THE SUM OF $395,767
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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