Martin v Mackay City Council - [2001] QSC 433

SUPREME COURT OF QUEENSLAND

CITATION: Martin v Mackay City Council [2001] QSC 433

PARTIES: SHANE NORMAN MARTIN
(Plaintiff)
v
MACKAY CITY COUNCIL

(Defendant)

FILE NO: S201 of 2000

DIVISION: Trial Division

DELIVERED ON: 14 November 2001

DELIVERED AT: Mackay

HEARING DATE: 18^th, 19^th 20^th and 21^st September 2001, 18^th and 19 October 2001.

JUDGE: Dutney J

ORDERS:Judgement for the plaintiff against the defendant for the sum of $180,186.08.

CATCHWORDS: PERSONAL INJURY - NEGLIGENCE – Whether back injury was caused by a faulty mower seat or weight lifting – The extent to which mower seat responsible for plaintiff’s injury.

CONTRACT – EMPLOYMENT – NEGLIGENCE - Whether employer breached implied term to provide a safe system of work.
WORKER’S COMPENSATION – DAMAGES – CONTRIBUTION – Whether injury foreseeable – Whether plaintiff has failed to prove the matters in s312(1) of the WorkCover Queensland Act - Whether s312 WorkCover Queensland Act abrogates the rule that contributory negligence does not reduce damages for breach of contract .

Law Reform (Contributory Negligence) Amendment Act 2001.
WorkCover Queensland Act1996 ss 312, 314.
Astley v Antitrust Ltd (1999) 197 CLR 1 – Referred.
Bonser v Melnacis & ors [2000] QCA 13 – Followed.
Simpson v North Aramara Sawmill Pty Ltd [2000] QSC 327 – Cited.

COUNSEL: B Harrison for the Plaintiff

P Land for the Defendant

SOLICITORS: Macrossan & Amiet for the Plaintiff
Heiser, Bayly & Mortensen for the Defendant

Liability

Dutney J. Mr Martin, the plaintiff, was apparently very fit. He was, or had been, a body builder and a competitive one. This case concerns the seat on an Iseki front deck mower. The relevance and connection between these seemingly unconnected statements will ultimately become clear.

In July 1996, Mr Martin commenced work for the Mackay City Council (“the council”) as a casual labourer. Mr Martin’s position became permanent on 12 August 1996 when he became an assistant operator at the Mt Bassett Sewerage Treatment Plant. Not surprisingly, he passed a medical to achieve permanent status. Two months later Mr Martin applied for and received an internal transfer to the position of Labourer Grade 3 (Plant Operator) with the Parks and Gardens department. This took effect from 1 October, 1996. At Parks and Gardens Mr Martin worked initially on a gang - brush cutting and erecting park and playground equipment. A short time later the plaintiff was designated to perform mowing duties and supplied with a Ford front deck mower.

A front deck mower is a smallish ride-on mower with the cutting blades in front of the vehicle. It has small, low-pressure tyres but otherwise no suspension other than as provided by the seat. It has a cushioned seat capable of up and down and front to rear adjustment with suspension provided by means of a scissor mechanism on rollers. Mower operators had charge of their own machine. These were not pooled and one mower operator used another operator’s machine only when the first operator’s machine was out…

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: [2001] QSC 433
Decision Date: 14 November 2001

CaseChat Overview and Summary

The case of Martin v Mackay City Council involved a claim for damages by Shane Norman Martin against the Mackay City Council for injuries sustained while operating a front deck mower. Martin, a former employee of the council, alleged that his back injury was caused by a faulty mower seat, while the council argued that the injury resulted from weightlifting. The primary legal issues were whether the council breached its implied term to provide a safe system of work and the extent to which Martin's contributory negligence, if any, should reduce the damages.

The court found that Martin's back injury was indeed caused by the operation of the mower, specifically the inoperable condition of the seat. The council was aware of the potential for back injuries from operating mowers, as evidenced by discussions at workplace health and safety meetings. Despite this awareness, the council failed to adequately address the issue, thereby breaching the implied term to provide a safe system of work. The court also concluded that Martin's contributory negligence, amounting to 10%, should reduce the damages awarded.

The court addressed the question of whether the WorkCover Queensland Act allowed for a reduction in damages for breaches of contract, concluding that it did. Consequently, the court applied the 10% contributory negligence to the total damages, resulting in a final award of $180,186.08 to Martin. The court emphasised the importance of effective supervision and communication in maintaining workplace safety and highlighted the council's failure in these areas.

Orders