Mahdi v Marble Design (Aust) Pty Ltd

Mahdi brought an action against Marble Design (Aust) Pty Ltd, alleging negligence in relation to an injury sustained at work. The matter was heard in the Supreme Court of Victoria. The plaintiff contended that the employer was negligent in failing to provide adequate safety measures, leading to an injury that has significantly impacted his ability to work. The defendant contested the claim, arguing that the plaintiff was not credible and that the injury was not caused by any negligence on their part.

The court was required to determine whether the plaintiff had established negligence on the part of the employer and, if so, to assess the damages. A key issue was the credibility of the plaintiff, which the court found to be a significant factor in its decision. The court also needed to consider the nature and extent of the plaintiff's economic losses, both past and future, and the impact of any weekly compensation payments already made by the employer.

The court found that the plaintiff had established the employer's negligence and awarded damages. The court accepted the plaintiff's evidence regarding the injury and the impact it had on his ability to work, rejecting the employer's argument regarding his credibility. The court meticulously assessed the economic losses, taking into account the weekly compensation payments already made. The court awarded damages of $1,354,026.00, ordered the defendant to pay the plaintiff’s costs, and directed that the defendant be credited for all weekly payments of compensation made.

The court issued further orders to ensure the accurate calculation of damages and costs, and directed that the parties return the exhibits. The listing for further argument was vacated.