SUPREME COURT OF QUEENSLAND
CITATION:
Prasad v Ingham’s Enterprises Pty Ltd [2016] QCA 147
PARTIES:
ROSELYN PRASAD
(appellant)
v
INGHAM’S ENTERPRISES PTY LTD
ACN 008 447 345
(respondent)FILE NO/S:
Appeal No 8810 of 2015
DC No 2892 of 2011DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
District Court at Brisbane – [2015] QDC 200DELIVERED ON:
7 June 2016
DELIVERED AT:
Brisbane
HEARING DATE:
10 March 2016
JUDGES:
Fraser and Philip McMurdo JJA and Boddice J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. The appeal is dismissed.
2. The appellant pay the respondent’s costs of and incidental to the appeal on a standard basis.
CATCHWORDS:
TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – where the appellant was an employee of the respondent – where the appellant developed the condition bilateral plantar fasciitis – where the respondent owed a duty to exercise reasonable care to avoid a foreseeable risk of injury to the appellant – where the appellant alleged several conditions of her working environment constituted a breach of the duty owed to her by the respondent – where the primary Judge found the risk of the development of bilateral plantar fasciitis was reasonably foreseeable – where the primary Judge found the respondent had not breached its duty – whether the primary Judge erred in finding the respondent had not breached its duty
TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DAMAGE – CAUSATION – where the primary Judge found that the appellant’s work conditions were a cause of her plantar fasciitis – where the primary Judge found that the appellant had not established that her condition was caused by the respondent’s breach of duty – where the primary Judge’s finding was made on the basis that there was no evidence any measure taken by the respondent would probably have prevented the appellant developing plantar fasciitis – whether the primary Judge erred in failing to find that the respondent’s breach of duty caused the appellant’s injury
Amaca Pty Ltd v Booth (2011) 246 CLR 36; [2011] HCA 53, applied
Czatyrko v Edith Cowan University (2005) 79 ALJR 839; [2005] HCA 14, cited
Fox v Percy (2003) 214 CLR 118; [2003] HCA 22, applied
Koehler v Cerebos (Australia) Ltd (2005) 222 CLR 44; [2005] HCA 15, cited
Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361; [2011] HCA 11, applied
Prasad v Ingham’s Enterprises Pty Ltd [2015] QDC 200, not followed
Tame vNew South Wales (2011) 211 CLR 317; [2002] HCA 35, cited
Woolworths Ltd v Perrins[2015] QCA 207, appliedCOUNSEL:
P W Hackett, with A S Katsikalis, for the appellant
M T O’Sullivan for the respondentSOLICITORS:
Carman Lawyers for the appellant
BT Lawyers for the respondent
FRASER JA: For the reasons given by Boddice J, and the additional…
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- Case
- [2016] QCA 147
- Decision Date
CaseChat Overview and Summary
The court examined whether the primary Judge correctly found that the respondent had not breached its duty of care. The primary Judge had accepted that the appellant's working conditions were a cause of her plantar fasciitis but found that the respondent had not breached its duty of care as there was no evidence that any measures taken by the respondent would probably have prevented the appellant from developing plantar fasciitis. The court of appeal needed to determine if this finding was correct and if the primary Judge had erred in his assessment of the evidence.
The court of appeal found that the primary Judge had not erred in his assessment of the evidence. The court noted that while the appellant's working conditions were a cause of her plantar fasciitis, there was insufficient evidence to establish that the respondent's breach of duty was the cause of her injury. The court found that the primary Judge's conclusion was supported by the evidence presented, and there was no basis to overturn his finding. Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs of and incidental to the appeal on a standard basis.
Orders
Orders of the court
1. The appeal is dismissed.
2. The appellant pay the respondent’s costs of and incidental to the appeal on a standard basis.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.