SUPREME COURT OF QUEENSLAND
CITATION:
Griffin v Brisbane City Council [2024] QCA 157
PARTIES:
TRICIA MARIE GRIFFIN
(appellant)
v
BRISBANE CITY COUNCIL
ABN 72 002 765 795
(respondent)FILE NO/S:
Appeal No 63 of 2024
DC No 788 of 2020DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
District Court at Brisbane – [2023] QDC 229 (Richards DCJ)DELIVERED ON:
Date of Orders: 9 August 2024
Date of Further Orders: 30 August 2024
Date of Publication of Reasons: 30 August 2024DELIVERED AT:
Brisbane
HEARING DATE:
9 August 2024
JUDGES:
Bond, Flanagan and Boddice JJA
ORDERS:
Date of Orders: 9 August 2024
1. The appeal is allowed.
2. The Orders made on 8 December 2023 are set aside.
3. The matter is remitted to Richards DCJ for further reasons, with a further hearing of the parties, in relation to:
(a) Findings of fact and law relevant to the foreseeability of a risk of injury pursuant to Section 305B of the Workers’ Compensation and Rehabilitation Act 2003 (Qld);
(b) Findings of fact and law relevant to the content of the duty of care owed by the respondent to the appellant pursuant to Section 305B of the Workers’ Compensation and Rehabilitation Act 2003 (Qld);
(c) Findings of fact and law relevant to the breach of duty pursuant to Section 305B of the Workers’ Compensation and Rehabilitation Act 2003 (Qld);
(d) Findings of fact and law relevant to causation pursuant to Section 305D of the Workers’ Compensation and Rehabilitation Act 2003 (Qld).
4. The parties provide further submissions on the question of a costs order to be made in this Court by 23 August 2024.
5. Reasons to be published at a later date.
Date of Further Orders: 30 August 2024
1. The appellant’s cost of the appeal be her costs in District Court proceeding BD 788/20.
2. The respondent bear its own costs of the appeal.
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE’S FINDINGS OF FACT – FUNCTIONS OF APPELLATE COURT – WHERE FINDINGS CLEARLY WRONG – PARTICULAR CASES – where during the course of employment of the appellant by the respondent in a call centre, the appellant suffered psychiatric injury as a result of dealing with a particular serial caller – where the appellant sought damages for personal injuries and consequential loss arising from negligence and/or breach of contract by the respondent – where the respondent accepted it owed the appellant a duty to take reasonable precautions against psychiatric injury and where quantum was agreed – where the respondent disputed breach of duty and causation – where the trial judge erred in in failing to decide the issues of disputed liability within the applicable statutory legal framework – where the trial judge erred in dismissing the claim on the basis that the injury sustained was not reasonably foreseeable by the respondent
Workers’ Compensation and Rehabilitation Act 2003 (Qld), s 305B, s 305C, s 305D, s 305E
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- Case
- [2024] QCA 157
- Decision Date
CaseChat Overview and Summary
The court found that the trial judge had indeed erred in his dismissal of the claim. The trial judge failed to decide the issues of disputed liability within the applicable statutory legal framework, specifically the Workers’ Compensation and Rehabilitation Act 2003 (Qld). The court held that the trial judge’s findings were clearly wrong and that the case should be remitted for further reasons, including findings on the foreseeability of the risk of injury, the content of the duty of care, the breach of that duty, and causation. The court also found that the trial judge’s dismissal on the basis that the injury was not reasonably foreseeable was incorrect, as the statutory framework required a more nuanced approach to the foreseeability of psychiatric injury in the workplace.
The appeal was allowed, and the orders made on 8 December 2023 were set aside. The matter was remitted to Richards DCJ for further reasons and a further hearing of the parties on the specified issues. The appellant’s costs of the appeal were to be her costs in District Court proceeding BD 788/20, and the respondent was to bear its own costs of the appeal.
Orders
Orders of the court
Date of Orders: 9 August 2024
1. The appeal is allowed.
2. The Orders made on 8 December 2023 are set aside.
3. The matter is remitted to Richards DCJ for further reasons, with a further hearing of the parties, in relation to:
(a) Findings of fact and law relevant to the foreseeability of a risk of injury pursuant to Section 305B of the Workers’ Compensation and Rehabilitation Act 2003 (Qld);
(b) Findings of fact and law relevant to the content of the duty of care owed by the respondent to the appellant pursuant to Section 305B of the Workers’ Compensation and Rehabilitation Act 2003 (Qld);
(c) Findings of fact and law relevant to the breach of duty pursuant to Section 305B of the Workers’ Compensation and Rehabilitation Act 2003 (Qld);
(d) Findings of fact and law relevant to causation pursuant to Section 305D of the Workers’ Compensation and Rehabilitation Act 2003 (Qld).
4. The parties provide further submissions on the question of a costs order to be made in this Court by 23 August 2024.
5. Reasons to be published at a later date.
Date of Further Orders: 30 August 2024
1. The appellant’s cost of the appeal be her costs in District Court proceeding BD 788/20.
2. The respondent bear its own costs of the appeal.
Background
Background to the litigation
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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