Platen v Monadelphous Workforce Pty Ltd - [2009] QSC 222

SUPREME COURT OF QUEENSLAND

CITATION: Platen v Monadelphous Workforce Pty Ltd [2009] QSC 222
PARTIES: VICTOR JAMES PLATEN
(Plaintiff)
V
MONDADELPHOUS WORKFORCE PTY LTD
(Defendant)
FILE NO/S: 261/07
DIVISION: Trial Division
PROCEEDING: Trial
ORIGINATING
COURT: Rockhampton
DELIVERED ON: 7 August 2009
DELIVERED AT: Bundaberg
HEARING DATE: 28,29 and 30 July 2009
JUDGE: McMeekin J
ORDER: Judgment for the plaintiff in the sum of $288,457.31
CATCHWORDS: DAMAGES – MEASURE AND REMOTENESS OF
DAMAGES IN ACTIONS FOR TORT – MEASURE OF
DAMAGES – PERSONAL INJURIES – LOSS OF
EARNINGS AND EARNING CAPACITY – PARTICULAR
CIRCUMSTANCES – where the plaintiff suffered injury to
the cervical spine at work with psychiatric complications–
where only the quantum of damages was in issue – where the
plaintiff has a residual but unexploited earning capacity –
where the plaintiff’s credibility in issue
COUNSEL: Mr G F Crow for the plaintiff
Mr M T O’Sullivan for the defendant
SOLICITORS: Chris Trevor and Associates Lawyers for the plaintiff
McInnes Wilson Lawyers for the defendant
[1]      The plaintiff, Victor James Platen, claims damages for personal injury suffered on 4 March 2005 in an incident at his work place. He was born on 30 January1962 and so is presently aged 47 years and was 43 years of age when injured. Mr Platen was employed in the construction industry as a scaffolder at the relevant time. The defendant admitted liability in the course of the trial. There remains the assessment of damages.
The Accident & Immediate Aftermath
[2]      At the time of the accident Mr Platen was engaged in the course of his employment. He was hit by a steel scaffold plank weighing approximately 15 to 20 kilograms when it fell from a height of 1.5m above him. It struck him on the helmet he was wearing causing him to drop to his knees. Mr Platen says that he was struck with considerable force. He was hooked up by a safety lanyard to the scaffold surrounds. He says that saved him from being knocked off the planks he was standing on to the ground. The helmet was damaged and its internal ribbing dislodged.
[3]      Mr Platen continued to work for a period until the next smoko break. At the break he lay down in the smoko shed and fell asleep. He was awoken, a neck brace was placed on him and he was taken to hospital. He was giddy and disorientated. He had pins and needles in his hands and feet. His head was aching. The incident occurred on a Friday. Mr Platen said that he slept all weekend and took pain killers.
The Plaintiff’s Case
[4]      The plaintiff’s case was that he had suffered a soft tissue injury to the cervical spine and then developed a major depressive disorder.
[5]      Mr Platen’s complaints are set out in his statement[1] and read as follows:
“I still suffer from severe constant pain in my neck and into my left shoulder. The pain is aggravated by weather changes, turning my neck and attempting any…

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 Platen v Monadelphous Workforce Pty Ltd

Details

AGLC: Platen v Monadelphous Workforce Pty Ltd [2009] QSC 222
Case: [2009] QSC 222
Decision Date: 7/08/2009

CaseChat Overview and Summary

The case of Platen v Monadelphous Workforce Pty Ltd was heard in the Supreme Court of New South Wales. The plaintiff, Platen, sought damages from the defendant, Monadelphous Workforce Pty Ltd, following an injury to his cervical spine sustained during employment. The injury had psychiatric complications and resulted in a dispute over the measure and remoteness of damages, particularly in relation to loss of earnings and earning capacity. The court was tasked with determining the appropriate quantum of damages, given the plaintiff's residual but unexploited earning capacity.

The primary legal issue before the court was the quantification of damages to be awarded to the plaintiff for his personal injuries, focusing on the loss of earnings and earning capacity. The court needed to assess the extent of the plaintiff's injuries, their impact on his ability to work, and the appropriate compensation reflecting his unexploited earning potential. The court also had to consider the principles of remoteness of damages to ensure that the award was fair and just, taking into account all relevant factors.

In reaching its decision, the court carefully examined the evidence presented regarding the plaintiff's injuries, their impact on his life, and the nature of his employment. The court acknowledged the plaintiff's residual earning capacity but noted that it remained unexploited. After considering the specific circumstances, the court determined that the appropriate compensation for the plaintiff's loss of earnings and earning capacity was $288,457.31. This sum was reflective of the plaintiff's circumstances and the principles of remoteness of damages.

The final orders of the court were that judgment be entered in favour of the plaintiff, Platen, against the defendant, Monadelphous Workforce Pty Ltd, in the sum of $288,457.31. This amount represented the compensation for the plaintiff's loss of earnings and earning capacity, considering the specific circumstances of his injury and its impact on his life and work.

Orders

Orders of the court

Judgment for the plaintiff in the sum of $288,457.31

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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CITATION:	Platen v Monadelphous Workforce Pty Ltd [2009] QSC 222
PARTIES:	VICTOR JAMES PLATEN
(Plaintiff) V
MONDADELPHOUS WORKFORCE PTY LTD
(Defendant)
FILE NO/S:	261/07
DIVISION:	Trial Division
PROCEEDING:	Trial
ORIGINATING
COURT:	Rockhampton
DELIVERED ON:	7 August 2009
DELIVERED AT:	Bundaberg
HEARING DATE:	28,29 and 30 July 2009
JUDGE:	McMeekin J
ORDER:	Judgment for the plaintiff in the sum of $288,457.31
CATCHWORDS:	DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – LOSS OF EARNINGS AND EARNING CAPACITY – PARTICULAR CIRCUMSTANCES – where the plaintiff suffered injury to the cervical spine at work with psychiatric complications– where only the quantum of damages was in issue – where the plaintiff has a residual but unexploited earning capacity – where the plaintiff’s credibility in issue
COUNSEL:	Mr G F Crow for the plaintiff Mr M T O’Sullivan for the defendant
SOLICITORS:	Chris Trevor and Associates Lawyers for the plaintiff McInnes Wilson Lawyers for the defendant