SUPREME COURT OF QUEENSLAND
CITATION:
Sayers v Hanson t/as Alguard Security Services [2011] QSC 70
PARTIES:
PETER ANTHONY SAYERS
(respondent/plaintiff)
v
ALAN EDWARD HANSON trading as ALGUARD SECURITY SERVICES(applicant/defendant)
FILE NO/S:
SC No 11261 of 2010
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
1 April 2011
DELIVERED AT:
Brisbane
HEARING DATE:
30 March 2011
JUDGE:
Chief Justice
ORDER:
1. That paras 5 – 7 of the amended statement of claim be struck out;
2. That the plaintiff have leave to deliver a further amended statement of claim within 14 days; and
3. That the costs of and incidental to the defendant’s application filed 15 March 2011 be the defendant’s costs in the proceeding.
CATCHWORDS:
WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – PRELIMINARY REQUIREMENTS – EFFECT OF INACCURACY, DELAY OR FAILURE TO GIVE NOTICE – GENERALLY – where plaintiff sues employer for damages for negligence and breach of contract – where security guard employee discovered deceased body and thereafter suffered psychiatric illness – where application for compensation to WorkCover Queensland and notice of claim for damages required by Workers’ Compensation and Rehabilitation Act 2003 state specific date and time of injury and that it did not occur over period of time – where pleadings allege subsequent harassment and intimidation by employer – whether subsequent alleged harassment should be considered a separate ‘event’ within the meaning of the statute – whether the failure to comply with pre-court statutory procedures in relation to the alleged harassment excludes that from plaintiff’s allowable claim for damages – whether paragraphs alleging employer harassment should be struck out
Uniform Civil Procedure Rules 1999 (Qld), r 171
Workers Compensation and Rehabilitation Act 2003 (Qld), s 31(1), s 275, s 237(1)(a)(i), s 258(1)(b), s 295Workers Compensation and Rehabilitation Regulation 2003 (Qld), s 111(1)(b)(i), s 111(1)(b)(ii)
Castillon v P & O Ports Ltd [2006] 2 Qd R 220; [2005] QCA 406, cited
Phipps v Australian Leisure and Hospitality Group Ltd and Anor [2007] 2 Qd R 555; [2007] QCA 130, considered
COUNSEL:
G W Diehm SC for the applicant/defendant
L Willson for the respondent/plaintiff
SOLICITORS:
Mullins Lawyers for the applicant/defendant
Parker Simmonds Lawyers for the respondent/plaintiff
CHIEF JUSTICE: The defendant seeks under Rule 171 of the Uniform Civil Procedure Rules, or the inherent jurisdiction of the court, an order striking out paras 5, 6 and 7 of the amended statement of claim.
The plaintiff sues for damages for negligence and breach of contract in respect of personal injuries and consequent loss sustained in the course of his employment by the defendant. Employed as a security guard, he discovered a body which had fallen from a high-rise building, and suffered a consequent psychiatric illness (para 4). In paras 5-7 of the pleading, he alleges that not having returned to work, he was subjected to harassment and intimidation by the defendant about when he would be returning to work. In para 8, the plaintiff attributes his psychiatric illness to…
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- AGLC
- Sayers v Hanson t/as Alguard Security Services [2011] QSC 70
- Case
- [2011] QSC 70
- Decision Date
CaseChat Overview and Summary
The court examined the statutory requirement that both the application for compensation to WorkCover Queensland and the notice of claim for damages must specify the precise date and time of the injury, rather than a period over which the injury occurred. It was crucial to determine whether the subsequent harassment could be considered a separate ‘event’ within the meaning of the statute. The court also had to consider if the non-compliance with the statutory procedures in relation to the alleged harassment barred the plaintiff from claiming damages for it. The central issue was whether the paragraphs in the amended statement of claim alleging employer harassment should be struck out.
In its reasoning, the court found that the subsequent harassment should indeed be considered a separate event under the statute. However, it also concluded that the failure to comply with the pre-court statutory procedures meant that the claim for damages related to the alleged harassment was not allowable. Consequently, paragraphs 5 to 7 of the amended statement of claim were struck out. The plaintiff was granted leave to deliver a further amended statement of claim within 14 days. The costs of and incidental to the defendant’s application filed on 15 March 2011 were ordered to be the defendant’s costs in the proceeding.
Orders
Orders of the court
1. That paras 5 – 7 of the amended statement of claim be struck out;
2. That the plaintiff have leave to deliver a further amended statement of claim within 14 days; and
3. That the costs of and incidental to the defendant’s application filed 15 March 2011 be the defendant’s costs in the proceeding.
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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