Kelly v CSR Limited

The Supreme Court of Queensland heard the case of Kelly v CSR Limited, where the plaintiff, Peter Kelly, sued his employer, CSR Limited, for injuries sustained at work. The court was tasked with determining the employer's liability and the appropriate quantum of damages. The plaintiff alleged that he had suffered a 15% loss of function in his right upper limb, along with pain and a loss of amenities of life. CSR Limited contested liability and the amount of damages, arguing that the plaintiff had pre-existing injuries, exaggerated his symptoms, and could perform more strenuous work. The court found CSR Limited liable for the plaintiff's injuries, which occurred due to unsafe working conditions. The court accepted the plaintiff's evidence regarding his loss of function and awarded him $28,000 for pain and suffering and loss of amenities of life, $90,000 for past loss of earnings, and $105,000 for future loss of earning capacity. The court also awarded the plaintiff special damages of $7,953.23, less a tax deduction of $5,875.60. The total judgment amount was $188,512, to be paid by CSR Limited, along with the plaintiff's costs of the action.