Roberts v AJC Metal Products Pty Ltd

In Roberts v AJC Metal Products Pty Ltd, the plaintiff, Wayne John Roberts, sued his employer, AJC Metal Products Pty Ltd, for injuries sustained during his employment as a sheet metal worker. The incidents in question occurred on 29 June 1989 and 17 August 1990, both involving the plaintiff's back. The employer admitted liability with an apportionment of 95% to the defendant and 5% contributory negligence to the plaintiff. The court had to determine the extent of damages, including future economic loss, voluntary care, and the treatment of the claim for loss of superannuation.

The court examined the evidence regarding the plaintiff's future economic loss, concluding that the plaintiff's prospects of working substantially in the future were limited. Given the plaintiff's trade involved heavy lifting and a probable degenerative spine condition, the court found that he was precluded from working in his trade even if future surgery alleviated his condition to some extent. The range of available work for the plaintiff would be relatively limited. Additionally, the court considered the impact of a non-work-related incident, involving the plaintiff lifting a fish tank, which might have contributed to his current condition. The court ultimately decided that while the contribution of this incident was speculative, it warranted a discount in the plaintiff's future economic loss award.

The court addressed the plaintiff's claim for loss of superannuation, finding that the plaintiff was entitled to recover sums representing past and future loss of entitlement to superannuation. The court awarded $3000 for past loss and $20,000 for future loss, with interest on the past loss at $900. The total amount of damages assessed was $457,291, which, after applying the agreed apportionment and subtracting the Workers' Compensation payments, resulted in a judgment sum of $361,935.44. The court gave judgment for the plaintiff in this amount, with costs including reserved costs if any to be taxed.