McClintock v Trojan Workforce No 4 Pty Ltd

Link copied
Case Copied 31 min read

SUPREME COURT OF QUEENSLAND

CITATION:

McClintock v Trojan Workforce No 4 Pty Ltd & Anor [2011] QSC 216

PARTIES:

SEAN PATRICK McCLINTOCK
(plaintiff)
v
TROJAN WORKFORCE NO. 4 PTY LTD
(ACN 096 722 995)
(first defendant)
and
STREET CONSULTING PTY LTD T/A STREET BUILD (ACN 084 038 059)
(second defendant)

FILE NO:

483 of 2009

DIVISION:

Trial Division

PROCEEDING:

Claim

ORIGINATING COURT:

Supreme Court at Rockhampton

DELIVERED ON:

3 August 2011

DELIVERED AT:

Brisbane

HEARING DATES:

14 and 15 June 2011

JUDGE:

Applegarth J

ORDER:

1.   Judgment for the plaintiff against the first defendant in the sum of $473,929.

2.   Judgment for the plaintiff against the second defendant in the sum of $637,969.

CATCHWORDS:

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – GENERAL PRINCIPLES – where plaintiff suffered serious back and shoulder injuries in the course of his employment as a labourer – where plaintiff rendered unable to work as a labourer in the future – where plaintiff also suffered psychiatric injury as a result of being unable to work – where plaintiff had pre-existing physical conditions and personality problems that may have affected his employment had the accident not occurred – where plaintiff had demonstrated a good work ethic and had obtained employment in the two years before being injured – quantum of damages

Cameron v Foster [2010] QSC 372 cited
Corkery v Kingfisher Bay Resort Village Pty Ltd [2010] QSC 161 cited
Craddock v Anglo Coal (Moranbah North Management) Pty Ltd [2010] QSC 133 cited
De Girolamo v State of South Australia (1991) 56 SASR 40 cited
Dutschke v Bormann (1988) 50 SASR 171 cited
Hoppe v Burns [2010] QSC 490 cited
Mahoney v GEC Australia Ltd [1994] 1 Qd R 397 followed
McMillan v Kissick [2006] QSC 202 cited
Waller v McGrath [2009] QSC 158 cited
Waller v Suncorp Metway Insurance Ltd [2010] QCA 17 cited
Weightman v Noosa Shire Council [2001] QSC 300 cited

COUNSEL:

R C Morton for the plaintiff
J O McClymont for the defendants

SOLICITORS:

Suthers Lawyers for the plaintiff
Barry & Nilsson for the defendants

  1. The plaintiff was badly injured on 3 October 2006 while he was employed in demolishing a coldroom at the Woolworths supermarket at Gympie.  He fell from the ceiling of the coldroom and suffered serious injuries, including:

(a)     a crush fracture to his second lumbar vertebra;

(b)     a crush fracture to his twelfth thoracic vertebra; and

(c)     a partial tear of his right rotator cuff.

  1. The debilitating effect of his physical injuries meant that he could not work after the accident.  As a result of the accident, his chronic pain and loss of employment, the plaintiff suffers from an admitted psychiatric injury.  He has suffered a major depressive disorder and an aggravation of a pre-existing episodic alcohol abuse problem.  These physical and psychiatric injuries are admitted by the defendants, who also admitted liability shortly before the trial.  The first defendant, a labour hire company, was engaged to…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read McClintock v Trojan Workforce No 4 Pty Ltd and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2011] QSC 216
Decision Date

CaseChat Overview and Summary

In the case of McClintock v Trojan Workforce No 4 Pty Ltd, the plaintiff, Mr McClintock, sought damages for personal injuries sustained in the course of his employment as a labourer. The injuries were serious, including significant damage to his back and shoulder, rendering him unable to continue working as a labourer. Additionally, Mr McClintock suffered a psychiatric injury due to his inability to work, further impacting his quality of life. The defendants, Trojan Workforce No 4 Pty Ltd and another party, were held liable for the injuries sustained by Mr McClintock.

The court had to address several legal issues, including the appropriate measure of damages for Mr McClintock's injuries and whether the psychiatric injury was a direct consequence of the physical injuries. Another critical issue was the extent to which pre-existing physical conditions and personality problems could affect the quantum of damages, given Mr McClintock's employment history and his ability to secure work before the accident.

The court found that the physical injuries and subsequent inability to work as a labourer were directly attributable to the defendants' negligence. The court also considered Mr McClintock's good work ethic and his employment history, concluding that these factors did not significantly mitigate the impact of the injuries. The court awarded damages for both the physical and psychiatric injuries, taking into account the overall impact on Mr McClintock's life. The court further held that the psychiatric injury was a foreseeable consequence of the physical injuries, thus allowing for compensation.

The court ordered that judgment be entered in favour of Mr McClintock against the first defendant for $473,929 and against the second defendant for $637,969. This amount reflected the comprehensive impact of the injuries on Mr McClintock's ability to work and his overall well-being.

Orders

Orders of the court

1. Judgment for the plaintiff against the first defendant in the sum of $473,929.

2. Judgment for the plaintiff against the second defendant in the sum of $637,969.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.