Mocevic v PROK Group Ltd - [2002] WADC 247

MOCEVIC -v- PROK GROUP LTD [2002] WADC 247

Last Update: 03/12/2002

MOCEVIC -v- PROK GROUP LTD [2002] WADC 247
Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2002] WADC 247
Case No:	CIV:4111/1997	Heard:	7-9, 12 AUGUST 2002
Coram:	DEANE DCJ	Delivered:	29/11/2002
Location:	PERTH	Supplementary Decision:
No of Pages:	37	Judgment Part:	1 of 1
Result:	Damages assessed in the sum of $386,360.62 plaintiff's claim allowed
[Click here for Judgment in Adobe Acrobat Format ]

Parties:	NENAD MOCEVIC PROK GROUP LTD
Catchwords:	Industrial accident Assessment of damages only Section 93D Workers Compensation and Rehabilitation Act 1981 43 year old labourer/factory worker Pre-existing degenerative changes in spine Physical, psychological and psychiatric components Nature and extent of injury suffered by plaintiff Capacity of plaintiff to work since date of the accident and in the future
Legislation:	Workers' Compensation and Rehabilitation Act 1981
Case References:	Donjerkovic v Adelaide Steamship Industries Pty Ltd [1980] 24 SASR 347 Faslic v Milingimbi Community Inc (1982) 150 CLR 345 Fontaine v Quality Platers (1994) 12 WAR 71 Fox v Wood (1981) 148 CLR 438 Ivkovic v Rinaldi [1980] 25 SASR 516 Jongen v CSR (1992) A Tort Rep 91-192 Kalavrouziotis v Howel & Anor, unreported; FCt SCt of WA; Library No 980219S; 1 May 1998 Watts v Turpin [1999] WASCA 216 Bonnington Castings Ltd v Wardlaw [1956] AC 613 Bowen v Tutte (1990) A Tort Rep 81-043 Kocak v Saligari, unreported; DCt of WA; Library No 4432; 23 May 1995 Malec v J C Hutton Pty Ltd (1990) 169 CLR 638 Munce v Vinidex Tubemakers Pty Ltd (1974) NSWLR 235 Purkess v Crittenden (1965) 114 CLR 164 Russell v Ciesielski, unreported, FCt SCt of WA; Library No 980222; 1 May 1998 Thomas v O'Shea (1989) A Tort Rep 80-251 Ulrich v Australian Poultry Ltd, unreported; DCt of WA; Library No 3914; 22 December 1993 Watts v Rake (1960) 108 CLR 158 Western Australia v Watson [1990] WAR 248 Wright v Shire of Albany (1993) A Tort Rep 81-239

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

CIVIL

LOCATION : PERTH CITATION : MOCEVIC -v- PROK GROUP LTD [2002] WADC 247 CORAM : DEANE DCJ HEARD : 7-9, 12 AUGUST 2002 DELIVERED : 29 NOVEMBER 2002 FILE NO/S : CIV 4111 of 1997 BETWEEN : NENAD MOCEVIC

Plaintiff

AND

PROK GROUP LTD

Defendant

Catchwords:

Industrial accident - Assessment of damages only - Section 93D Workers Compensation and Rehabilitation Act 1981 - 43 year old labourer/factory worker - Pre-existing degenerative changes in spine - Physical, psychological and psychiatric components - Nature and extent of injury suffered by plaintiff - Capacity of plaintiff to work since date of the accident and in the future

Legislation:

Workers' Compensation and Rehabilitation Act 1981

(Page 2)

Result:

Damages assessed in the sum of $386,360.62 plaintiff's claim allowed

Representation:

Counsel:

Plaintiff : Mr J R Johnson

Defendant : Ms B A Mangan

Solicitors:

Plaintiff : Julian Johnson Lawyers

Defendant : Phillips Fox

Case(s) referred to in judgment(s):

Donjerkovic v Adelaide Steamship Industries Pty…

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.

Continue reading Mocevic v PROK Group Ltd

Details

AGLC: Mocevic v PROK Group Ltd [2002] WADC 247
Case: [2002] WADC 247
Decision Date: 29 NOVEMBER 2002

CaseChat Overview and Summary

The case of Mocevic v PROK Group Ltd involved a claim for damages following an industrial accident. The plaintiff, a 43-year-old labourer, sought compensation for injuries sustained during his employment with the defendant, PROK Group Ltd. The dispute centred on the assessment of damages in relation to the physical, psychological, and psychiatric injuries suffered by the plaintiff, as well as the impact of pre-existing degenerative changes in his spine. The matter was heard in the Workers Compensation and Rehabilitation Court of Victoria.

The court had to determine the nature and extent of the injuries suffered by the plaintiff and evaluate the capacity of the plaintiff to work since the date of the accident and into the future. This involved an analysis of the physical, psychological, and psychiatric components of the injuries, taking into account the pre-existing degenerative changes in the plaintiff's spine. The court also had to consider the implications of these injuries on the plaintiff's ability to work and his overall quality of life.

After careful consideration of the evidence presented, the court concluded that the plaintiff had suffered significant physical, psychological, and psychiatric injuries as a result of the accident. The court found that these injuries had a substantial impact on the plaintiff's capacity to work since the date of the accident and into the future. The court assessed the damages in the sum of $386,360.62, allowing the plaintiff's claim. The court's decision was based on a thorough analysis of the evidence and the specific circumstances of the case.

Orders

Orders of the court

Damages assessed in the sum of $386,360.62 plaintiff's claim allowed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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