Krobath v Thiess Pty Ltd

[2018] QSC 309

SUPREME COURT OF QUEENSLAND

CITATION:

Krobath v Thiess Pty Ltd  [2018] QSC 309

PARTIES:

OSKAR FRANZ KROBATH

(plaintiff)

v
THIESS PTY LTD (ACN 010 221 486)

(defendant)

FILE NO/S:

SC No 916 of 2017

DIVISION:

Trial Division

PROCEEDING:

Trial

ORIGINATING COURT:

Supreme Court at Rockhampton

DELIVERED ON:

20 December 2018

DELIVERED AT:

Rockhampton

HEARING DATE:

10, 11, 12 December 2018

JUDGE:

Crow J

ORDER:

1.   Judgment for the plaintiff in the sum of $719,698.15

2.   The insurer is ordered to pay the plaintiff’s costs on the standard basis from 26 October 2017.

CATCHWORDS:

TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – GENERALLY – where the plaintiff was employed at the Burton Downs Coal Mine as a trainee operator – where the plaintiff alleges that while driving a rear dump truck at the Burton Mine the plaintiff suffered an injury to his lumbar spine – whether the plaintiff injured his lumbar spine in the manner alleged

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – where the plaintiff claims general and special damages – where the plaintiff claims damages for future loss of earning capacity

Workers’ Compensation and Rehabilitation Act 2003 (Qld), reprint 5E, ss 306D, 306F, 306H
Workers’ Compensation and Rehabilitation Regulation (Qld) 2014, sch 9

Heywood v Commercial Electrical Pty Ltd [2013] QCA 270
Hopkins v WorkCover Queensland [2004] QCA 155
Phillips v MCG Group Pty Ltd [2013] QCA 83 or Phillips v MCG Group Pty Ltd [2012] QSC 149

COUNSEL:

C. Heyworth-Smith QC for the plaintiff

S. Deaves for the defendant

SOLICITORS:

Macrossan & Amiet for the plaintiff

Hall & Wilcox for the defendant

Introduction

1. The plaintiff, Oskar Franz Krobath, (“Mr Krobath”) was born at Tieschen in Steiermark, Austria, on 21 January 1963.

2. Mr Krobath left school at age 15 and at age 19 completed an apprenticeship for a chef. Mr Krobath then worked in a number of hotels in Tirol and Switzerland over five years before immigrating to Australia in 1987.

3. When Mr Krobath first came to Australia he followed his occupation as a chef, working at the Hilton on Park Hotel in Melbourne and the Victorian Arts Centre. Mr Krobath then moved to Brisbane where he obtained employment at Parliament House as a chef for four years. Whilst working at Parliament House, Mr Krobath took up a promotion to a position as a procurement officer, where he worked until 2004.

4. In 2004, Mr Krobath, his wife, Marlies, and their three children, moved from Brisbane to Eungella where Mr and Mrs Krobath operated the kitchen at the Broken River Mountain Resort. Four years later, in 2008, Mr and Mrs Krobath surrendered the lease of the kitchen because Mr Krobath was successful in obtaining a traineeship with the defendant, Thiess Pty Ltd (“Thiess”), to commence working at the Burton Downs Coal Mine as an operator. Mr Krobath was required to undergo medical tests and was passed fit.

5. However, the traineeship was withdrawn and Mr Krobath found…