SUPREME COURT OF QUEENSLAND
CITATION:
Hopkins v WorkCover Queensland [2003] QSC 257
PARTIES:
SHANE WILLIAM HARRY HOPKINS
(plaintiff)
v
WORKCOVER QUEENSLAND
(defendant)FILE NO:
Maryborough S2 of 2001
DIVISION:
Trial Division
PROCEEDING:
Trial
DELIVERED ON:
14 August 2003
DELIVERED AT:
Brisbane
HEARING DATE:
18-19 June 2003
JUDGE:
Mullins J
ORDER:
The defendant pay to the plaintiff the amount of $419,834.44
CATCHWORDS:
DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – METHOD OF ASSESSMENT – where plaintiff sustained back injury - where plaintiff established a prima facie case that his lower back injury was caused by incidents for which the defendant accepted liability - where evidence that the plaintiff had a pre-existing degenerative spinal condition pre-dating incidents - evidential onus on defendant to show that the plaintiff’s incapacity was wholly or partly the result of the plaintiff’s pre-existing spinal condition - onus not discharged
Purkess v Crittenden (1965) 114 CLR 164
Watts v Rake (1960) 108 CLR 158COUNSEL:
M Grant-Taylor SC for the plaintiff
JB Rolls for the defendantSOLICITORS:
McDuff & Daniel for the plaintiff
Bell Dixon Butler for the defendant
MULLINS J: This proceeding is brought by the plaintiff, Mr Shane Hopkins, against WorkCover Queensland as the defendant pursuant to s 306(2)(b) of the WorkCover Queensland Act 1996 (“WQA”), as the plaintiff’s employer at the respective times when he was injured, Aceford Pty Ltd (in liquidation) (“the employer”) was wound up in or about July 2000. The plaintiff claims to have suffered a significant low back injury during 3 separate incidents in February 1998, March 2000 and May 2000, as a result of the negligence and/or breach of duty and/or breach of contract of employment and/or breach of statutory duty of the employer. The defendant concedes that the plaintiff suffered some injury to his low back, as a result of one or more of the incidents which are the subject of this proceeding, but the nature and extent of the plaintiff’s injuries and the consequence of the injuries for the plaintiff are in issue.
The plaintiff’s history
The plaintiff was born on 5 February 1959. He was brought up around Dalby and left school when he was 15 years old. He worked on farms for a few years, horse studs and at a foundry. He worked as a tyre fitter in Dalby for about two years, commencing in 1990. After then working at Eromanga for about a year, he returned to Dalby and worked as a tyre fitter for Whimps Tyre & Mechanical. He became manager of that business. His family ended up buying the business and it commenced to trade as “Dalby Tyre Supplies” but in 1995 the business was sold. The plaintiff relocated to Hervey Bay with his partner Ms Cordner and obtained employment with the employer which traded as Beaurepaires for Tyres as a tyre fitter in December 1996.
Whilst working for the employer, the plaintiff was promoted to…
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- Case
- [2003] QSC 257
- Decision Date
CaseChat Overview and Summary
The court examined whether the plaintiff had established a prima facie case that his lower back injury was caused by the incidents for which the defendant accepted liability. It was evident that the plaintiff had a pre-existing degenerative spinal condition. The court considered whether the defendant had discharged the onus of proving that the plaintiff's incapacity was wholly or partly the result of his pre-existing condition. The court concluded that the defendant had not discharged this onus, and therefore, the plaintiff's incapacity was attributable to the incidents for which the defendant accepted liability.
In determining the appropriate amount of damages, the court assessed the evidence presented regarding the plaintiff's injury and its impact on his life. The court found that the plaintiff had suffered significant incapacity due to his injuries and awarded him damages in the amount of $419,834.44. The defendant was ordered to pay this sum to the plaintiff.
Orders
Orders of the court
The defendant pay to the plaintiff the amount of $419,834.44
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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