Mott v Crest Cabinets - [2004] QSC 96

SUPREME COURT OF QUEENSLAND

CITATION:

Mott v Crest Cabinets & Anor [2004] QSC 096

PARTIES:

JAMIE MOTT
(plaintiff)

v

CREST CABINETS (ABN 285 0266)
(first defendant)

and

CREST CABINETS (AUSTRALIA) PTY LTD
(ACN 062 108 418)

FILE NO/S:

S2264 of 2002

DIVISION:

Trial

PROCEEDING:

Claim

ORIGINATING COURT:

Supreme Court

DELIVERED ON:

21 April 2004

DELIVERED AT:

Brisbane

HEARING DATE:

23, 24, 25 February 2004

JUDGE:

Atkinson J

ORDER:

Judgment for the Plaintiff

CATCHWORDS:

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – LOSS OF EARNINGS AND EARNING CAPACITY – OTHER PECUNIARY DAMAGE – NON-PECUNIARY DAMAGES – PAIN AND SUFFERING – LOSS OF AMENITIES OR CAPACITY FOR ENJOYMENT – where orthopaedic injury to wrist of dominant hand – where psychiatric and neurological injuries as result of frontal lobe damage – cumulative effect of injuries

MENTAL HEALTH – GUARDIANS, COMMITTEES, ADMINISTRATORS, MANAGERS AND RECEIVERS – APPOINTMENT – whether appointment order necessary

Guardianship and Administration Act 2000 (Qld), s 12

Camm v Salter [1992] 2 QdR 342, cited
Jackson v Bagwell [1992] 2 QdR 390, cited
Knight v Breakwater Island Resort Pty Ltd (unreported Supreme Court of Queensland Williams J 24 April 1995), cited
O’Brien v McMullen [1999] QSC 208, cited
Stevens v Bodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16, cited
White v Combridge (1984) 59 ACTR 18, cited

COUNSEL:

SC Williams QC and SJ Given for the plaintiff
G O’Sullivan for the defendants

SOLICITORS:

Shane Ellis for the plaintiff
Phillips Fox for the defendants

Liability

The plaintiff, Jamie Mott, was a skilled cabinet maker who worked for the defendants, Crest Cabinets, installing kitchens. On 23 December 1999 Mr Mott was injured when he slipped on loose dust while he was cleaning up at the defendants’ factory. He was on the mezzanine floor, which was a storage area, packing laminates away in racks. The floor space was covered with dust, debris and bits of timber. There were lengths of four inch by one inch pine on the floor. He slipped and fell backwards. As there was no balustrade he fell off the mezzanine level. His hip struck a piece of machinery called an Edge Bander and he then fell forwards and hit the concrete floor. When he hit the concrete he fractured his right wrist and hit his head fracturing his skull. This will be referred to in these reasons as “the accident”.

The mezzanine floor was 2.14 metres above the concrete floor. The raised storage floor was 1.67 metres wide for nine metres of its length and then narrowed down to one metre over the remainder of its length. Mr Mott was working in the region where the floor narrowed. Access to that floor was by a ladder. After Mr Mott’s fall, a guard rail and balustrade were placed around the mezzanine floor.

When Geoff McDonald of Geoff McDonald and Associates Pty Ltd prepared a report on the accident on 4 July 2003, he attended the defendants’…

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 Mott v Crest Cabinets

Details

AGLC: Mott v Crest Cabinets [2004] QSC 96
Case: [2004] QSC 96
Decision Date: 21 April 2004

CaseChat Overview and Summary

In the case of Mott v Crest Cabinets, the plaintiff sought damages for injuries sustained in a workplace accident. The accident occurred when the plaintiff, an employee of Crest Cabinets, suffered a significant injury to his dominant wrist and subsequent neurological damage. The plaintiff sued for damages, including loss of earnings, loss of earning capacity, and non-pecuniary damages such as pain and suffering. The court was required to determine the appropriate measure of damages, considering both the physical and psychiatric injuries suffered by the plaintiff, as well as the cumulative effect of these injuries. The court also needed to address whether an appointment order was necessary to manage the plaintiff's affairs.

The court found that the measure of damages should reflect the full extent of the plaintiff's injuries and their impact on his life. It considered not only the loss of earnings and earning capacity but also the non-pecuniary damages associated with the physical and psychiatric injuries. The court concluded that the plaintiff's injuries had a profound effect on his quality of life, and therefore, the damages awarded needed to comprehensively address both the physical and psychological impacts. Additionally, the court found that an appointment order was not necessary at that time, as the plaintiff's injuries did not impair his ability to manage his own affairs.

As a result, the court awarded the plaintiff damages for his loss of earnings, diminished earning capacity, and non-pecuniary damages. The court found that the cumulative effect of the injuries justified a significant award, reflecting the profound impact on the plaintiff's life. The court also noted that the damages should be structured to provide ongoing support for the plaintiff's needs, considering the long-term nature of his injuries.

The court ordered that judgment be entered in favour of the plaintiff and that damages be assessed and paid accordingly.

Orders

Orders of the court

Judgment for the Plaintiff

Background

Background to the litigation

Full text does not contain this section.

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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CITATION:	Mott v Crest Cabinets & Anor [2004] QSC 096
PARTIES:	JAMIE MOTT (plaintiff) v CREST CABINETS (ABN 285 0266) (first defendant) and CREST CABINETS (AUSTRALIA) PTY LTD (ACN 062 108 418)
FILE NO/S:	S2264 of 2002
DIVISION:	Trial
PROCEEDING:	Claim
ORIGINATING COURT:	Supreme Court
DELIVERED ON:	21 April 2004
DELIVERED AT:	Brisbane
HEARING DATE:	23, 24, 25 February 2004
JUDGE:	Atkinson J
ORDER:	Judgment for the Plaintiff
CATCHWORDS:	DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – LOSS OF EARNINGS AND EARNING CAPACITY – OTHER PECUNIARY DAMAGE – NON-PECUNIARY DAMAGES – PAIN AND SUFFERING – LOSS OF AMENITIES OR CAPACITY FOR ENJOYMENT – where orthopaedic injury to wrist of dominant hand – where psychiatric and neurological injuries as result of frontal lobe damage – cumulative effect of injuries MENTAL HEALTH – GUARDIANS, COMMITTEES, ADMINISTRATORS, MANAGERS AND RECEIVERS – APPOINTMENT – whether appointment order necessary Guardianship and Administration Act 2000 (Qld), s 12 Camm v Salter [1992] 2 QdR 342, cited Jackson v Bagwell [1992] 2 QdR 390, cited Knight v Breakwater Island Resort Pty Ltd (unreported Supreme Court of Queensland Williams J 24 April 1995), cited O’Brien v McMullen [1999] QSC 208, cited Stevens v Bodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16, cited White v Combridge (1984) 59 ACTR 18, cited
COUNSEL:	SC Williams QC and SJ Given for the plaintiff G O’Sullivan for the defendants
SOLICITORS:	Shane Ellis for the plaintiff Phillips Fox for the defendants