Gordon v Ross

In *Gordon v Ross*, the plaintiff, an employee, sued the defendant employer for damages arising from a serious neck injury sustained when he was struck in the back by a heifer during cattle drenching. The case was heard in the Court of Appeal of New South Wales.

The primary legal issues before the court were whether the employer owed a duty of care to the employee, whether the employer's alleged breach of that duty caused the employee's injury, and whether the employee was contributorily negligent. The court also considered evidentiary matters concerning a file note and payments by an insurer, as well as the assessment of damages, including non-economic loss, loss of earning capacity, future domestic care, and the appropriateness of reducing damages for benefits received from relatives and the possibility of future improvement.

The Court of Appeal found that the employer did owe a duty of care and that there was a breach of that duty. However, the court reduced the damages awarded by the District Court. This reduction was primarily due to a reassessment of the quantum of damages, particularly concerning non-economic loss and future economic loss, and the application of a discount for the possibility of improvement in the plaintiff's condition. The court also considered the extent to which the plaintiff's own conduct contributed to his injuries.

The Court of Appeal set aside the original judgment and entered judgment for the plaintiff in a reduced sum. The appeal was otherwise dismissed, with the appellant ordered to pay a significant portion of the respondent's costs and granted an indemnity certificate.