Knight v Tabcorp Holdings Ltd - [2008] QSC 282

SUPREME COURT OF QUEENSLAND

CITATION: Knight v Tabcorp Holdings Ltd [2008] QSC 282
PARTIES: COLIN ALBERT KNIGHT
(plaintiff)
v
TABCORP HOLDINGS LIMITED
(defendant)
FILE NO/S: SC 206/2006
DIVISION: Trial Division
PROCEEDING: Trial
ORIGINATING Supreme Court at Townsville
COURT:
DELIVERED ON: 13 November 2008
DELIVERED AT: Townsville
HEARING DATE: 31 October and 3 November 2008
JUDGES: Cullinane J
ORDER:

1. Judgment for the plaintiff against the defendant in the sum of $425,204.72 with costs to be assessed
2. Costs to be assessed as at and from the 1 February 2006, such costs to be assessed on a standard basis
CATCHWORDS: TORTS - NEGLIGENCE – DUTY OF CARE - BREACH OF DUTY – where defendant employed plaintiff as a security officer at Jupiter’s Hotel & Casino, Townsville – where plaintiff suffered injury whilst removing a patron from the premises – where plaintiff claims damages - whether employer failed to provide employee with safe place of work or system of work – whether injury sustained was a reasonably foreseeable consequence
TORTS – NEGLIGENCE – STATUTORY DUTY OF CARE – BREACH OF STATUTORY DUTY – CAUSATION - where defendant employed plaintiff as a security officer at Jupiter’s Hotel & Casino, Townsville – where plaintiff suffered injury whilst removing a patron from the premises – where s 28 (1) of the Workplace Health and safety Act 1995 (Qld) imposes an obligation on an employer to ensure the workplace health and safety of its employers – where plaintiff claims damages – whether defendant breached statutory duty
Casino Control Act 1982, s 92
Criminal Code Act 1899 (Qld), s 277
Liquor Act 1992 (Qld), s 165(1), s 165A
Workplace Health and Safety Act 1995, s27, s 28
Bourke v Power Serve Pty Ltd & Anor [2008] QCA 225
COUNSEL: J Baulch SC for the plaintiff
AR Philp SC for the defendant
SOLICITORS: Sciacca’s Lawyers for the plaintiff
Wilson Ryan & Grose Lawyers for the defendant

The plaintiff claims damages for personal injuries sustained by him in the course of his employment with the defendant on or about 22 November 2003.
The plaintiff who was born on 30 June 1965, was employed as a security officer at the defendant’s casino at Townsville.
The plaintiff had been employed by the defendant for some eight years having commenced in about 1995.
Relevant events of the date on which the plaintiff sustained his injury are captured on a DVD which is exhibit 1. The defendant has security cameras operating throughout the area of the casino and the adjacent areas such as the entrance to the casino and hotel and the stairs at the entrance to the premises.
The DVD shows the plaintiff and another officer one Booth in the presence of other officers including a supervisor, take a patron by the arm and commence to walk him out of the area of the casino towards the door. The supervisor, one Johnson, is nearby at the time that they first take hold of the patron and he and another officer follow the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2008] QSC 282
Decision Date: 13 November 2008

CaseChat Overview and Summary

Knight commenced proceedings in the District Court of Queensland against Tabcorp Holdings Ltd, seeking damages for injuries sustained in the course of his employment as a security officer at Jupiter’s Hotel & Casino, Townsville. The incident in question occurred when Knight was removing a patron from the premises and he fell, resulting in injury. Knight contends that his employer failed to provide him with a safe place of work or a safe system of work, and that his injury was a reasonably foreseeable consequence of this failure.

The central issue before the court was whether Tabcorp Holdings Ltd breached its duty of care to Knight by failing to provide a safe place of work or a safe system of work. This required the court to consider whether the employer could have reasonably foreseen the risk of injury to Knight in the circumstances and whether there were any measures that could have been taken to prevent the injury.

In its judgment, the court found that Tabcorp Holdings Ltd did indeed breach its duty of care to Knight. The court held that it was reasonably foreseeable that a security officer could be injured while removing a patron, and that the employer had not taken sufficient steps to mitigate this risk. Specifically, the court noted that Tabcorp Holdings Ltd had not provided adequate training or equipment to assist Knight in safely managing such situations. Consequently, the employer was held liable for Knight's injuries.

The court ordered Tabcorp Holdings Ltd to pay Knight compensation for his injuries, including damages for pain and suffering, loss of earnings, and medical expenses. Additionally, the court awarded Knight legal costs, reflecting the employer's failure to discharge its duty of care.

Orders