JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: MOYES -v- ENSCO AUSTRALIA PTY LTD [2022] WASCA 104
CORAM: BUSS P
MURPHY JA
VAUGHAN JA
HEARD: 23 MAY 2022
DELIVERED : 9 AUGUST 2022
FILE NO/S: CACV 86 of 2020
BETWEEN: WILLIAM MOYES
Appellant
AND
ENSCO AUSTRALIA PTY LTD
First Respondent
GRN AUSTRALASIA PTY LTD
Second Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram: PETRUSA DCJ
Citation: MOYES -v- ENSCO AUSTRALIA PTY LTD [2020] WADC 99
File Number : CIV 3813 of 2014
Catchwords:
Negligence - Personal injury - Fall at work - Where plaintiff alleged forceful fall causing nociplastic pain - Where medical evidence based on plaintiff's reports of symptoms and pain - Adverse credibility findings against plaintiff - Where judge found causation of nociplastic pain not established - Where no challenge to the finding of fact that causation had not been established - Whether trial judge nevertheless erred in law when there was 'no evidence' as to the degree of force required to cause nociplastic pain
Procedural fairness - Whether trial judge erred in law in denying procedural fairness to plaintiff on alleged basis that plaintiff had not been cross‑examined on relevant evidence - Rule in Browne v Dunn - Whether judge was bound to accept plaintiff's evidence - Where relevant matters were put to plaintiff and cross‑examined on - No denial of procedural fairness - No error of law
Legislation:
Nil
Result:
Appeal dismissed
Representation:
Counsel:
| Appellant | : | B L Nugawela & R A Hinchliffe |
| First Respondent | : | D R Clyne |
| Second Respondent | : | D R Clyne |
Solicitors:
| Appellant | : | Soul Legal (Perth) |
| First Respondent | : | Moray & Agnew Lawyers |
| Second Respondent | : | Moray & Agnew Lawyers |
Case(s) referred to in decision(s):
Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139
Browne v Dunn (1893) 6 R 67 (HL)
Burke v Corruption and Crime Commission [2012] WASCA 49; (2012) 289 ALR 150
Child and Adolescent Health Service v Mabior [2019] WASCA 151; (2019) 55 WAR 208
Clark v Flanagan [1934] HCA 73; (1934) 52 CLR 416
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
Garling v Association to Resource Co-Operative Housing Co-Op Ltd [2001] NSWCA 377
Joyce v Anderson [2020] WASCA 48; (2020) 91 MVR 334
Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11; (2011) 243 CLR 361
Lee v Lee [2019] HCA 28; (2019) 266 CLR 129
March v E & MH Stramare Pty Ltd [1991] HCA 12; (1991) 171 CLR 506
Marelic v Comcare (1993) 47 FCR 437
Moyes v ENSCO Australia Pty Ltd [2020] WADC 99
Robinson Helicopter Co Inc v McDermott [2016] HCA 22; (2016) 90 ALJR 679
Thomas v Van Den Yssel (1976) 14 SASR 205
Table of contents
Introduction and overview
Mr Moyes' alleged injuries in the primary proceedings
The fall alleged by Mr Moyes
The…
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- Case
- [2022] WASCA 104
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
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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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