DISTRICT COURT OF QUEENSLAND
CITATION:
Nguyen v Swift Australia Pty Ltd [2009] QDC 219
PARTIES:
TUYEN NGUYEN
(Plaintiff)v
SWIFT AUSTRALIA PTY LIMITED (ACN 011 062 338)
(Defendant)FILE NO/S:
BD3325 of 2002
DIVISION:
Civil
PROCEEDING:
Trial
ORIGINATING COURT:
District Court Brisbane
DELIVERED ON:
31 July 2009
DELIVERED AT:
Brisbane
HEARING DATE:
14, 15 & 16 October 2008. Written submissions 23 & 28 October and 12 & 13 November 2008
JUDGE:
Andrews SC DCJ
ORDER:
Judgment for the plaintiff against the defendant for $225,293.52 inclusive of interest. Costs reserved for submissions.
CATCHWORDS:
TORTS – NEGLIGENCE – BREACH OF DUTY – SPECIAL RELATIONSHIPS AND DUTIES – EMPLOYER AND EMPLOYEE – DUTY OF CARE – where the plaintiff was employed by the defendant – where the plaintiff was involved in a slip and fall whilst carrying out duties as an employee – whether the defendant breached its duty of care to the plaintiff.
EMPLOYMENT LAW – NEGLIGENCE – BREACH OF STATUTORY DUTY – LIABILITY OF EMPLOYER – DUTY OF CARE – FORESEEABILITY OF INJURY – whether there was a failure to provide a safe walkway – whether the defendant’s breach caused the injury to the plaintiff – whether the defendant discharged an obligation to ensure the workplace health and safety of the plaintiff at work – whether the defendant took reasonable precautions and exercised proper diligence to ensure the obligation was discharged – whether the risk to the plaintiff was more than a trivial risk – whether the injury caused to the plaintiff was one which could by some means have been prevented – whether the plaintiff relied exclusively on a failure by the employer to provide a safe system of work – whether the plaintiff established matters referred to in s 312(1)(c) to (i) of the WorkCover (Qld) Act 1996.
DAMAGES – personal injuries – measure of – injury to knee – economic loss.
Bankstown Foundry Pty Ltd v Braistina (1985-1986) 160 CLR 301
Bourk v Powerserve P/L [2008] QCA 225
Calvert v Mayne Nickless Ltd(No. 1) [2005] QCA 263
Schiliro v Peppercorn Childcare Centres Pty Ltd(No. 2) [2000] QCA 18; [2001] 1 Qd R 518
Vozza v Tooth & Co Ltd (1964) 112 CLR 316
Wyong Shire Council v Shirt (1980) 146 CLR 40
Pascoe v Coolum Resort Pty Ltd [2005] QDC 039
Fuller v Logan City Council[2006] QDC 305
Henley v State of Queensland [2002] QDC 256
Delacore v Australia Meat Holdings P/L [2005] QDC 109
Lee v Richards and The Transport Accident Commission [2008] QDC 257
Workplace Health and Safety Act1995(Qld) ss 22,23,27, 28,37
WorkCover Act 1996 (Qld) s312
Uniform Civil Procedure Rules 1999 r149(1)(c)and(e)
COUNSEL:
J Kimmins for the plaintiff
Cross for the defendantSOLICITORS:
Maurice Blackburn Lawyers for the plaintiff
A K Compensation Lawyers for the defendant
The plaintiff was employed by the defendant (the employer) as a packer at the employer’s premises at 173 Riverview Road, Dinmore in Queensland. On or about 6 October…
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- Case
- [2009] QDC 219
- Decision Date
CaseChat Overview and Summary
The court examined the statutory obligations under the WorkCover (Qld) Act 1996, particularly sections 312(1)(c) to (i), which outline the employer's duty to ensure workplace health and safety. The key question was whether Swift Australia Pty Ltd had discharged its obligation to provide a safe system of work. The court assessed the foreseeability of the risk, the triviality of the risk, and whether the injury could have been prevented. It was critical to determine if the injury was a direct consequence of the employer's failure and if Nguyen relied exclusively on this failure. The court found that Swift Australia Pty Ltd had indeed breached its duty by not ensuring the walkway was safe, leading to Nguyen's injury.
Upon concluding that the employer breached its duty of care, the court proceeded to assess the damages. Nguyen claimed economic loss due to his injury, which included medical expenses and loss of earnings. The court awarded Nguyen a total of $225,293.52, inclusive of interest. Costs for the proceedings were reserved pending further submissions. The judgment underscored the employer's responsibility to maintain a safe working environment and the importance of adhering to statutory obligations to prevent workplace injuries.
Orders
Orders of the court
Judgment for the plaintiff against the defendant for $225,293.52 inclusive of interest. Costs reserved for submissions.
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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