Hughes v Tucaby Engineering Pty Ltd

[2011] QSC 256

SUPREME COURT OF QUEENSLAND

CITATION:

Hughes v Tucaby Engineering Pty Ltd  [2011] QSC 256

PARTIES:

Phillip William Hughes

(Plaintiff)

v

Tucaby Engineering Pty Ltd

(First Defendant)

And

North Goonyella Coal Mine Pty Ltd

(Second Defendant)

FILE NO/S:

SC 65 of 2010 & 165/09

DIVISION:

Trial Division

PROCEEDING:

Trial

ORIGINATING COURT:

Supreme Court at Mackay

DELIVERED ON:

24 August 2011

DELIVERED AT:

Bundaberg

HEARING DATE:

27, 28 July 2011.

JUDGE:

McMeekin J

ORDER:

Judgment for the Plaintiff in the sum of $550,128.11

CATCHWORDS:

DAMAGES – CONTRIBUTORY NEGLIGENCE – Whether Plaintiff was contributorily negligent in deciding to step over a low slung chain.

DAMAGES — Measure and remoteness of damages in actions for tort — Measure of damages — Personal injuries — General principles — Future Economic Loss – Future Treatment Costs

Coal Mining Health and Safety Act 1999 (Qld)

Law Reform Act 1995 (Qld),

Anodising & Aluminium Finishers v Coleman [1999] QCA 467

Arthur Robinson (Grafton) Pty Ltd v Carter (1968) 122 CLR 649

Bathis v Startrack Express & Ors [2009] QSC 331

Bugge v REB Engineering Pty Ltd [1999] 2 Qd R 227

Corkery & Ors v Kingfisher Bay Resort Village Pt Ltd & Anor [2010] QSC 161

Craddock v Anglo Coal (Moranbah North Management) Pty Ltd [2010] QSC 133

Husband v Hikari (No 42) Pty Ltd [2010] QSC 398

Jaensch v Coffey (1984) 155 CLR 549

Linsell v Robson [1976] 1 NSWLR 789

Malec v JC Hutton Pty Ltd (1990) 169 CLR 638

McLean v Tedman (1984) 58 ALJR 541

Pollard v Baulderstone Hornibrook Engineering Pty Ltd [2008] NSWCA 99

Reck v Queensland Rail [2005] QCA 228

Thomas v O’Shea (1989) ATR 80-251

Vandeloo v Waltons Ltd [1976] VR 77

Van Velzen v Wagener (1975) 10 SASR 549

COUNSEL:

R Whiteford for the Plaintiff

P Cullinane for the Defendant

SOLICITORS:

Taylors Solicitors for the Plaintiff

DLA Phillips Fox for the Defendant

1. McMEEKIN J:  Mr Phillip William Hughes suffered an injury to his left arm on 19 August 2006 in the course of his employment with the defendant, Tucaby Engineering Pty Ltd. North Goonyella Coal Mines Pty Ltd was his host employer and the occupier of the site where his injury occurred. He brings action against both entities alleging breach of duty both at common law and under statute[1] and claiming damages. On the pleadings the liability of both defendants and the quantum of damages are in issue, and there are contribution proceedings between the defendants.

   [1]Coal Mining Health and Safety Act 1999 (Qld)

1. Mr Cullinane, for the defendants, explained at the commencement of the trial that the two defendants had reached some accommodation, and at the end of the evidence conceded that the plaintiff had made out his case on liability. By the end of the trial the only issues of significance were:

   (a)        Whether, and if so to what extent, the plaintiff should be held contributorily negligent; and

   (b)        In what amount damages for pain, suffering and loss of amenities of life, future economic loss and future…