SUPREME COURT OF QUEENSLAND
CITATION:
Manca v Teys Australia Beenleigh Pty Ltd [2024] QCA 60
PARTIES:
REINALDO MANCA
(appellant)
v
TEYS AUSTRALIA BEENLEIGH PTY LTD
ACN 009 672 459
(respondent)FILE NO/S:
Appeal No 11513 of 2023
DC No 2724 of 2021DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
District Court at Brisbane – [2023] QDC 139 (Barlow DCJ)DELIVERED ON:
19 April 2024
DELIVERED AT:
Brisbane
HEARING DATE:
20 February 2024
JUDGES:
Bowskill CJ and Fraser AJA and Applegarth J
ORDER:
The appeal be dismissed with costs.
CATCHWORDS:
TORTS – NEGLIGENCE – GENERALLY – NEGLIGENCE AND OTHER TORTS – where the appellant slipped and fell on steps at his employer’s meatworks and was injured – where the appellant alleged that the slip was the result of the steps being covered in blood and other substances, or because the steps were damaged or worn – where the trial judge found that the appellant had not proved the cause of his fall – where the trial judge made findings of fact about the state of the steps at the time of the fall and found that the respondent had not breached its duty to the appellant in the respects that the appellant pleaded – where the appellant challenges several findings of fact made by the trial judge – whether the factual findings made by the trial judge should be set aside because the conclusions are glaringly improbable, or contrary to compelling inferences, or wrong – whether the evidence proved that the pleaded breaches of duty were established and caused the appellant’s injuries
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – PLEADINGS – where the appellant’s pleaded case alleged that the steps were damaged and worn and covered in blood and other fluids/substances from recently slaughtered carcasses and that these matters gave rise to a breach of duty – where the appellant’s pleadings at trial did not allege that a necessary precaution was to instruct him when he came to undertake new work in a new and very different work location about carrying equipment on the steps – whether the trial judge erred in confining the appellant to his pleaded case
Uniform Civil Procedure Rules1999 (Qld), r 149, r 157
Workers’ Compensation and Rehabilitation Act2003 (Qld), s 305B, s 305C, s 305DBanque Commerciale SA (In liq) v Akhil Holdings Ltd (1990) 169 CLR 279; [1990] HCA 11, cited
Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424; [2001] FCA 1833, cited
Browne v Dunn (1893) 6 R 67, cited
Dovuro Pty Ltd v Wilkins (2003) 215 CLR 317; [2003] HCA 51, cited
Erickson v Bagley [2015] VSCA 220, cited
Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8, cited
Lee v Lee (2019) 266 CLR 129; [2019] HCA 28, cited
Manca v Teys Australia Beenleigh Pty Ltd [2023] QDC 139, cited
Meandarra Aerial Spraying Pty Ltd…
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- Case
- [2024] QCA 60
- Decision Date
CaseChat Overview and Summary
The key legal issues before the court were whether the findings of fact made by the trial judge should be set aside due to being glaringly improbable, contrary to compelling inferences, or wrong. Additionally, the court had to determine whether the evidence proved that the pleaded breaches of duty were established and caused Mr Manca’s injuries. Another issue was whether the trial judge erred in confining Mr Manca to his pleaded case, particularly given that he did not allege a necessary precaution about carrying equipment on the steps in his pleadings at trial.
The court held that Mr Manca had failed to overturn the findings of fact which he contended were erroneous. The findings were sufficient to allow the judge to reach the conclusions on foreseeability, significant risk, reasonable precautions, and causation. The evidence did not support Mr Manca’s allegations that the steps were covered in blood or other substances at the time of his fall. The court found that the trial judge’s ultimate conclusion that Mr Manca had not proved that he slipped due to a failure by Teys to take reasonable precautions was not in error. The appeal was dismissed with costs.
The final orders of the court were that the appeal be dismissed with costs.
Orders
Orders of the court
The appeal be dismissed with costs.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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