McGreevy v Cannon Hill Services Pty Ltd

The plaintiff alleged that he suffered a back injury at work on 19 March 2012, due to the defendant's negligence. The defendant denied any negligence or breach of duty, and that the plaintiff suffered any long-term injury. The defendant also argued that the plaintiff was contributorily negligent in undertaking certain actions. The court was required to decide whether the defendant breached its duty of care, whether the plaintiff was contributorily negligent, and whether the plaintiff was entitled to damages.

The court found that the plaintiff did develop significant pain and disability in the months following the incident, and that he developed significant psychological sequelae as a result of the pain and financial difficulties. However, the court did not accept that the plaintiff had a significant ongoing permanent back injury as a consequence of that incident. The court found that the plaintiff's complaints of significant ongoing pain and disability were not supported by the objective evidence. The court found that the plaintiff was not contributorily negligent, as the circumstances of the work environment forced him to undertake the certain actions. The court found that the plaintiff was entitled to damages for the psychological injury he suffered, but not for the physical injury.

The court ordered judgment for the plaintiff against the defendant in the sum of $112,485.