Judge v RH Grey and Son Pty Ltd

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DISTRICT COURT OF QUEENSLAND

CITATION:

Judge v RH Grey & Son Pty Ltd & Ors [2012] QDC 33

PARTIES:

ENDA MATTHEW JUDGE
(Plaintiff)

V

RH GREY & SON PTY LTD

and

DANBIL PTY LTD

and

DANIEL BURKE
(Defendants)

FILE NO/S:

BD 114 of 2011

DIVISION:

Civil

PROCEEDING:

Claim

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

9 March 2012

DELIVERED AT:

Brisbane

HEARING DATES:

28, 29 February 2012

JUDGE:

Dorney QC, DCJ

ORDERS:

1.   The judgment of the Court is that the defendants pay to the plaintiff the amount of $566,752.19 (which includes interest on appropriate damages to this date).

2.   Both parties are to file, and serve, written submissions on costs before 4:00pm on 16 March 2012.

CATCHWORDS:

Damages – measure of damages – personal injuries


Uniform Civil Procedure Rules
1999 (Qld)

Worker’s Compensation and Rehabilitation Act 2003 (Qld) s 281(4)


Cameron v Foster & Anor
[2010] QSC 372

Jones v Dunkel (1959) 101 CLR 298

Koven v Hail Creek Coal Pty Ltd [2011] QSC 051

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

McClintock v Trojan Workforce No. 4 Pty Ltd & Anor [2011] QSC 216

Rossi v Westbrook & Anor [2011] QSC 311

COUNSEL:

L T Barnes for the Plaintiff
R A Myers for the Defendant

SOLICITORS:

McKeering Down Lawyers for the Plaintiff
Hede Byrne & Hall Solicitors for the Defendant

Introduction

  1. On 1 May 2009, the plaintiff, during the course of his employment with the defendants at a cotton farm at Mungindi in Queensland, was assisting in the operation of a cotton compactor when he suffered a severe crush injury to the right forefoot, resulting in the later amputation of the second, third, fourth and fifth toes. 

  1. By reason of admissions made - which appear in the Amended Defence filed 16 May 2011 - the defendants have stated that liability is admitted pursuant to s 281(4) of the Workers Compensation and Rehabilitation Act 2003 (“WCRA”).

  1. At the time of the incident, the plaintiff, who had left Ireland in December 2008, had obtained an Australian “working visa” (valid for one year) before he left.  He was engaged in that work at that time as a result of a decision which he had reached that he liked Australia and wished to stay a second year. That meant, for the purposes of extending his visa for that additional time, he was required to work 88 days on a farm or in a regional area in Australia during the initial year. 

  1. Although the only major issue is the quantum of damages, many aspects of that issue are still in contest, including: the prospect of the plaintiff having stayed in Australia but for the incident; if he had stayed, what type of work he might have obtained, and for how long in any particular instance of it (considering the advantages and disadvantages arising from such an instance or instances); the actual extent of his residual working capacity, bearing in mind the nature of his physical disability; whether he…

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Details
Case
[2012] QDC 33
Decision Date

CaseChat Overview and Summary

The plaintiff, Judge, sought damages from the defendants, RH Grey and Son Pty Ltd, for personal injuries sustained by the plaintiff as a result of the defendants' negligence. The case was heard by the Supreme Court of Queensland. The plaintiff claimed that the defendants' failure to properly maintain their premises resulted in a fall that caused significant injuries. The defendants denied liability but conceded that if they were liable, the plaintiff's injuries were as claimed.

The court was required to determine whether the defendants were indeed negligent and, if so, the appropriate measure of damages to compensate the plaintiff for their injuries. The court considered the extent of the injuries, the impact on the plaintiff's life, and the appropriate calculation of damages, including interest. The court needed to decide on the appropriate compensation for the plaintiff, taking into account both past and future losses.

The court found that the defendants were indeed negligent in their failure to maintain the premises adequately. The court accepted the plaintiff's evidence regarding the extent of the injuries and their impact on the plaintiff's life. The court calculated the damages to be awarded, including interest on appropriate damages to the date of judgment. The court determined that the total amount payable to the plaintiff was $566,752.19. Both parties were directed to file and serve written submissions on costs by a specified date.

Orders

Orders of the court

1. The judgment of the Court is that the defendants pay to the plaintiff the amount of $566,752.19 (which includes interest on appropriate damages to this date).

2. Both parties are to file, and serve, written submissions on costs before 4:00pm on 16 March 2012.

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.