Griffiths v State of Queensland - [2010] QSC 290

SUPREME COURT OF QUEENSLAND

CITATION:

Griffiths v State of Queensland [2010] QSC 290

PARTIES:

TRACEY LEANNE GRIFFITHS
(plaintiff)
v
STATE OF QUEENSLAND
(defendant)

FILE NO/S:

BS 4791 of 2008

DIVISION:

Trial

PROCEEDING:

Civil Trial

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:

6 August 2010

DELIVERED AT:

Brisbane

HEARING DATE:

8-9 February 2010

JUDGE:

Daubney J

ORDER:

1. The plaintiff’s claim filed 23 May 2008 is dismissed.

CATCHWORDS:

INDUSTRIAL LAW – INDUSTRIAL SAFETY HEALTH AND WELFARE – QUEENSLAND – WORKPLACE HEALTH AND SAFETY LEGISLATION – LIABILITY – where the plaintiff claims for damages for personal injury incurred during the course of her employment – where the plaintiff was injured when a soda lime canister she lifted from a trolley slipped from her grasp – whether the employer was in breach of its obligation under s 28 Workplace Health and Safety Act 1995 (Qld) to ensure the plaintiff’s workplace health and safety

EMPLOYMENT LAW – LIABILITY AT COMMON LAW FOR INJURY AT WORK – NATURE AND EXTENT OF LIABILITY – GENERALLY – where the plaintiff claims for damages for personal injury incurred during the course of her employment – where the plaintiff was injured when a soda lime canister she lifted from a trolley slipped from her grasp – whether the employer was in breach of its duty of care in failing to provide a safe system of work

Workplace Health and Safety Act 1995 (Qld), ss 22, 26, 27, 28, 30, 37

Black v Warwick Shire Council [2009] QSC 123; cited
Bourk v Power Serve P/L & Anor [2008] QCA 225; cited
Calvert v Mayne Nickless Ltd (No. 1) [2006] 1 Qd R 106; [2005] QCA 263; cited
Henderson v Dalrymple Bay Coal Terminal [2005] QSC 124; cited
Kondis v State Transport Authority (1984) 154 CLR 672; applied
McLean v Tedman (1984) 155 CLR 306; cited
Neill v New South Wales Fresh Food and Ice Pty Ltd (1963) 108 CLR 362; cited
O’Brien v TF Woollem & Son Pty Ltd [2002] 1 Qd R 622; cited
Parry v Woolworths Limited [2010] 1 Qd R 1; [2009] QCA 26; cited
Schiliro v Peppercorn Child Care Centres Pty Ltd (No. 2) [2001] 1 Qd R 518; [2000] QCA 18; cited
Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16; cited
Vairy v Wyong Shire Council [2005] 223 CLR 422; applied
Wilkinson v BP Australia Pty Ltd [2008] QSC 171; cited
Wyong Shire Council v Shirt (1980) 146 CLR 40; applied

COUNSEL:

B F Charrington and B Wessling-Smith for the plaintiff
G W Diehm SC and R M Treston for the defendant

SOLICITORS:

AB Law for the plaintiff
McInnes Wilson for the defendant

This is a claim for damages for personal injuries allegedly suffered by the plaintiff in a workplace incident which occurred during her employment as an Assistant in Nursing at the Nambour General Hospital on 5 October 2004.

The plaintiff was employed in the Central Sterilising…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Griffiths v State of Queensland and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2010] QSC 290
Decision Date: 6 August 2010

CaseChat Overview and Summary

This case involved a personal injury claim brought by the plaintiff against the State of Queensland. The plaintiff, who was an employee, alleged she was injured during the course of her employment when a soda lime canister she lifted from a trolley slipped from her grasp. The plaintiff sought damages for the injuries sustained and argued that the employer was liable for breach of its statutory obligations under the Workplace Health and Safety Act 1995 (Qld) as well as for failing to provide a safe system of work. The legal issues before the court were whether the employer breached its statutory duty under section 28 of the Workplace Health and Safety Act 1995 (Qld) to ensure workplace health and safety and whether the employer breached its common law duty of care in failing to provide a safe system of work.

The court found that the employer had not breached its statutory duty under section 28 of the Workplace Health and Safety Act 1995 (Qld) as the employer had taken all reasonable steps to ensure the plaintiff’s safety, including providing appropriate training, equipment, and supervision. The court also found that the employer had not breached its common law duty of care in failing to provide a safe system of work, as the employer had taken all reasonable steps to ensure the plaintiff’s safety, including providing appropriate training, equipment, and supervision. The court held that the plaintiff’s injury was caused by her own negligence in failing to properly secure the soda lime canister before lifting it from the trolley.

As a result of the court’s findings, the plaintiff’s claim was dismissed. The court held that the employer was not liable for the plaintiff’s injuries and that the plaintiff’s claim was therefore without merit. The plaintiff was not awarded any damages and the defendant was not found to be in breach of any duty owed to the plaintiff.

Orders

Orders of the court

1. The plaintiff’s claim filed 23 May 2008 is dismissed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Griffiths v State of Queensland [2010] QSC 290
PARTIES:	TRACEY LEANNE GRIFFITHS (plaintiff) v STATE OF QUEENSLAND (defendant)
FILE NO/S:	BS 4791 of 2008
DIVISION:	Trial
PROCEEDING:	Civil Trial
ORIGINATING COURT:	Supreme Court of Queensland
DELIVERED ON:	6 August 2010
DELIVERED AT:	Brisbane
HEARING DATE:	8-9 February 2010
JUDGE:	Daubney J
ORDER:	1. The plaintiff’s claim filed 23 May 2008 is dismissed.
CATCHWORDS:	INDUSTRIAL LAW – INDUSTRIAL SAFETY HEALTH AND WELFARE – QUEENSLAND – WORKPLACE HEALTH AND SAFETY LEGISLATION – LIABILITY – where the plaintiff claims for damages for personal injury incurred during the course of her employment – where the plaintiff was injured when a soda lime canister she lifted from a trolley slipped from her grasp – whether the employer was in breach of its obligation under s 28 Workplace Health and Safety Act 1995 (Qld) to ensure the plaintiff’s workplace health and safety EMPLOYMENT LAW – LIABILITY AT COMMON LAW FOR INJURY AT WORK – NATURE AND EXTENT OF LIABILITY – GENERALLY – where the plaintiff claims for damages for personal injury incurred during the course of her employment – where the plaintiff was injured when a soda lime canister she lifted from a trolley slipped from her grasp – whether the employer was in breach of its duty of care in failing to provide a safe system of work Workplace Health and Safety Act 1995 (Qld), ss 22, 26, 27, 28, 30, 37 Black v Warwick Shire Council [2009] QSC 123; cited Bourk v Power Serve P/L & Anor [2008] QCA 225; cited Calvert v Mayne Nickless Ltd (No. 1) [2006] 1 Qd R 106; [2005] QCA 263; cited Henderson v Dalrymple Bay Coal Terminal [2005] QSC 124; cited Kondis v State Transport Authority (1984) 154 CLR 672; applied McLean v Tedman (1984) 155 CLR 306; cited Neill v New South Wales Fresh Food and Ice Pty Ltd (1963) 108 CLR 362; cited O’Brien v TF Woollem & Son Pty Ltd [2002] 1 Qd R 622; cited Parry v Woolworths Limited [2010] 1 Qd R 1; [2009] QCA 26; cited Schiliro v Peppercorn Child Care Centres Pty Ltd (No. 2) [2001] 1 Qd R 518; [2000] QCA 18; cited Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16; cited Vairy v Wyong Shire Council [2005] 223 CLR 422; applied Wilkinson v BP Australia Pty Ltd [2008] QSC 171; cited Wyong Shire Council v Shirt (1980) 146 CLR 40; applied
COUNSEL:	B F Charrington and B Wessling-Smith for the plaintiff G W Diehm SC and R M Treston for the defendant
SOLICITORS:	AB Law for the plaintiff McInnes Wilson for the defendant