Knight v CPSM Pty Ltd

The plaintiff, Ms Knight, brought an action against CPSM Pty Ltd for personal injuries she sustained in the course of her employment as a personal care assistant at an aged care facility. She alleged that she was exposed to a liquid chemical which caused her to develop a chemical sensitivity and other associated conditions, and that her employer failed to protect her from injury, provide suitable protective clothing and prevent other employees from using the chemical in her presence. The issues before the court were whether the defendant breached its duty of care and whether the plaintiff suffered an ongoing impairment as a result of the injuries sustained.

The court found that the plaintiff failed to establish that she suffered from the injury alleged, or that she had a psychiatric disorder arising from her employment. The court was not satisfied that the plaintiff would benefit from any counselling, or that there was any basis for expenditure on medication or treatment. The court found that the plaintiff did not have an ongoing impairment and dismissed the claim. The court ordered that the parties make submissions on costs unless they could otherwise agree, and set out specific timelines for the filing of submissions if the parties could not agree on costs.