Javor v ACN 096 712 337 Pty Ltd formerly known as Formtec Group Pty Ltd

The case of Javor v ACN 096 712 337 Pty Ltd, formerly known as Formtec Group Pty Ltd, involved a dispute over a workplace accident that occurred in a factory. The plaintiff, Javor, sought damages for injuries sustained during the incident. The court had to determine whether the employer, the defendant, was negligent and whether there was any contributory negligence on the part of Javor. Additionally, the court assessed the claimed heads of damage to arrive at a fair compensation amount.

The primary legal issues in this case centred on establishing the employer's liability for the accident and Javor's contributory role, if any. The court needed to assess the standard of care expected from the employer and whether there was a breach of that duty. Furthermore, the court evaluated the extent of Javor's contribution to the accident and how it affected the quantum of damages.

The court found that the employer was indeed negligent, failing to provide a safe working environment and proper safety equipment. The employer did not provide adequate training and supervision, which led to the accident. Javor was found to have some contributory negligence, but it was deemed to be significantly less than that of the employer. The court assessed the various heads of damage, including medical expenses, lost wages, and pain and suffering, and determined the appropriate compensation. The court awarded Javor $1,021,888 in damages, but after accounting for payments already made, the net amount payable was $749,935.68. The court also ordered the defendant to pay the plaintiff's costs on the ordinary basis.

The court's final orders included a verdict for the plaintiff in the amount of $1,021,888, net of prior payments, with the defendant to pay the plaintiff's costs on the ordinary basis. The exhibits were to be returned, and the plaintiff had the liberty to apply for further orders if needed. The judgment was entered in the court's computerised system, with provisions for setting aside or varying the judgment within the stipulated time limits.