Haden Engineering Pty Ltd v McKinnon

Haden Engineering Pty Ltd, an employer, was involved in a legal dispute with McKinnon, an injured worker. The case was heard in the Court of Appeal of Victoria, where McKinnon sought leave to bring a common law proceeding against the employer for damages arising from a work-related injury. The primary issue before the court was whether McKinnon’s injury qualified as a "serious injury" under the Accident Compensation Act 1985 (Vic), which would entitle him to pursue common law damages. A further consideration was whether the pain and suffering resulting from the injury was sufficiently severe to meet the statutory criteria.

The court examined the statutory definition of "serious injury" and assessed whether McKinnon’s pain and suffering met the threshold of being "more than significant or marked and... at least very considerable." The court noted that it was to decide for itself and not be bound by the tribunal’s findings. It considered evidence of McKinnon’s experience of pain, the disabling effects of his condition, and expert medical opinions. The court concluded that the injury did indeed meet the statutory criteria for a "serious injury," and granted McKinnon leave to bring a common law proceeding against his employer. The appeal by the employer was dismissed.

The final orders of the court were that McKinnon was granted leave to bring a common law proceeding against Haden Engineering Pty Ltd for damages arising from his work-related injury. The employer’s appeal was dismissed, and McKinnon was permitted to proceed with his claim under common law.