Kitson v Skilled Group Ltd

The plaintiff, Kitson, instituted proceedings against four defendants for damages arising from personal injuries sustained during his employment. The defendants included a labour hire company, a shipyard owner, a company undertaking fit out work on a vessel at the shipyard, and another company contracted to paint the vessel. The plaintiff alleged he slipped on a step while descending the steps of the vessel, whereas the defendants contended he lost his footing. Both liability and the quantum of damages were contested.

The court had to determine whether the defendants breached their duty of care towards the plaintiff. This involved examining the nature of the workplace, the specific circumstances of the incident, and the adequacy of the safety measures in place. The court assessed the evidence presented by both parties and considered the foreseeability of the injury, the measures taken to mitigate risks, and the extent of the plaintiff's injuries.

The court found that the defendants had indeed breached their duty of care to the plaintiff, leading to his injuries. The first defendant was held liable as the plaintiff's employer, while the other defendants were also found liable for their roles in the incident. The court awarded the plaintiff a total of $1,002,111.65 in damages, with specific amounts apportioned to each defendant. The court also granted the parties the liberty to apply for costs within 14 days.