McCormick v Mt Pleasant Stud Farm Pty Ltd (No.2)

District Court

New South Wales

Medium Neutral Citation:

McCormick v Mt Pleasant Stud Farm Pty Ltd (No.2) [2021] NSWDC 489

Hearing dates:

19, 20, 23, 24, 25 August 2021

Date of orders:

17 September 2021

Decision date:

17 September 2021

Jurisdiction:

Civil

Before:

Sidis ADCJ

Decision:

(1) Verdict and judgment for the plaintiff in the sum of $1,395,525.

(2) The defendant is to pay the plaintiff’s costs of the proceedings as agreed or assessed. This order is suspended for 14 days to allow parties, should they wish to do so, to apply to list the matter for submissions on the matter of costs.

(3) The exhibits will be retained for 28 days.

(4) My reasons are published.

Catchwords:

PERSONAL INJURIES - work injury damages - conflicts in evidence - credit - employer’s duty of care - causation - contributory negligence - voluntary assumption of risk - value of non-pecuniary parts of salary package – assessment

Legislation Cited:

Workers Compensation Act 1987 (WCA) ss 151E, 151G, 151N, 151O

Cases Cited:

Burnie Port Authority v General Jones Pty Ltd [1994] HCA 18; (1994) 179 CLR 520

Czatyrko v Edith Cowan University [2005] HCA 14 at [12]; (2005) 214 ALR 349; (2005) 79 ALJR 839

Gittani Stone Pty Limited v Pavkovic [2007] NSWCA 355

Naxakis v Western General Hospital (1999) 197 CLR 269

Wyong Shire Council v Shirt (1980) 146 CLR 40

Category:

Principal judgment

Parties:

Mr S McCormick (plaintiff)
Mt Pleasant Stud Farm Pty Ltd (defendant)

Representation:

Counsel:
Mr W Fitzsimmons SC with Ms S Warren for the plaintiff
Ms T Berberian and Mr R Perla for the defendant

Solicitors:
Lough & Wells Lawyers for the plaintiff
Leigh Virtue and Associates for the defendant

File Number(s):

2021/00015061

Publication restriction:

Nil

Judgment

1. The plaintiff in this matter claimed that the defendant, his employer, was negligent in the manner in which it required him to perform his duties as manager and trainer at its thoroughbred horse stud, known as Mt Pleasant Stud Farm. He claimed that, as a result of the defendant’s negligence, he suffered injuries to his neck, right arm and shoulder that deprived him of any income earning capacity.

2. The claim was brought pursuant to the provisions of s 151E of the Workers Compensation Act 1987 (WCA) and was therefore governed by common law principles, modified as provided for in the WCA. Damages are limited by s 151G of the WCA to loss of past and future income.

3. The claim arose out of an accident that occurred at the defendant’s premises on 29 December 2014. The plaintiff fell from a horse, Margot, that he was breaking in.

4. The defendant denied any breach of duty and challenged the plaintiff’s claim of injury and his claim to be permanently unfit for employment. The defendant also relied on ss 151N and 151O of the WCA in alleging contributory negligence and voluntary assumption of risk.

Background

5. The plaintiff commenced employment, initially as farm manager, at the defendant’s stud farm in…