Schmidt v S J Sanders Pty Ltd - [2012] QDC 148

DISTRICT COURT OF QUEENSLAND

CITATION:

Schmidt v S J Sanders Pty Ltd [2012] QDC 148

PARTIES:

HEINZ JOHANN SCHMIDT
(Plaintiff)

AND

S J SANDERS PTY LTD (ACN 074 002 163)
(Defendant)

FILE NO/S:

2802 of 2010

DIVISION:

Civil

PROCEEDING:

Trial

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

22 June 2012

DELIVERED AT:

Brisbane

HEARING DATE:

16, 17 and 18 April 2012

JUDGE:

Irwin DCJ

ORDER:

1. The defendant is to pay to the plaintiff the sum of $225,000 clear of the WorkCover Queensland refund as damages for personal injuries and consequential loss arising as a result of the negligence of the defendant by it servants or agents.

2. I will hear from the parties if necessary in respect of interest and costs.

CATCHWORDS:

TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - SPECIAL RELATIONSHIPS AND DUTIES - EMPLOYER AND EMPLOYEE - Where the plaintiff was employed by defendant as a truck driver - where the plaintiff was injured when he fell while attempting to alight from the cabin of a truck during wet weather - whether the plaintiff had proved the means by which he slipped and fell to the ground - whether the defendant had breached its duty of care to the plaintiff - whether the risk of injury to the defendant was foreseeable - whether there was a failure to provide a safe system of work - whether the defendant’s breach caused the injury to the plaintiff.

Workplace Health and Safety Act 1995 (Qld), s 28(1).

Bourk v Power Serve Pty Ltd & Ors [2008] QSC 29, applied.

Bus v Sydney City Council (1989) 167 CLR 78, applied.

Carlile v Hegedus & Ors [2003] QSC 323, applied.

Davie v New Merton Boards Mill Ltd [1959] AC 604, distinguished.

Dibb Group Pty Ltd trading as Hill & Co v Cole [2009] NSWCA 2010, cited.

Donoghue v Stevenson (1932) AC 562, cited/

Duyvelshaff v Cathcart & Ritchie Ltd (1973) 1 ALR 125, cited.

Hamilton v Nuroof (WA) Pty Ltd (1956) 96 CLR 18, cited.

Lusk & Anor v Sapwell [2011] QCA 59. applied.

McLean v Tedman (1984) 155 CLR 306, applied.

McLean’s Roylen Cruises Pty Ltd v McEwan (1984) 58 ALJR 423, applied.

Miller v Council of the Shire of Livingstone & Anor [2003] QCA 29, cited.

Nagle v Rottnest Island Authority (1993) 177 CLR 423, cited.

O’Connor v Commissioner for Government Transport (1954) 100 CLR 225, applied.

Reck v Queensland Rail [2005] QCA 228, applied.

Vairy v Wyong Shire Council (2005) 223 CLR 422, applied.

Wakelin v London and South-Western Railway Co (1886) 12 App Cas 41 at 47, cited.

Webb v The State of South Australia (1982) 56 ALJR 912, cited.

Williams v Mount Isa Mines Limited [2000] QSC 161, distinguished.

Williams v Mount Isa Mines Limited [2001] QCA 101, distinguished.

Wyong v Shirt (1980) 146 CLR 40, applied.

COUNSEL:

J.P. Kimmins for the Plaintiff

G.C. O’Driscoll…

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.

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Details

Case: [2012] QDC 148
Decision Date: 22 June 2012

CaseChat Overview and Summary

The case of Schmidt v S J Sanders Pty Ltd was heard in the District Court of Queensland. The plaintiff, Schmidt, was employed as a truck driver by the defendant, S J Sanders Pty Ltd. Schmidt was injured when he slipped and fell from the cabin of a truck during wet weather. The plaintiff sought damages for personal injury and consequential loss, alleging that the defendant was negligent in its duty of care towards him. The central legal issues were whether Schmidt had established the cause of his fall, whether the defendant breached its duty of care, if the risk of injury was foreseeable, and whether the defendant failed to provide a safe system of work. Additionally, the court had to determine whether the defendant's breach caused Schmidt's injury.

The court considered the principles established in precedent cases such as Bourke v Power Serve Pty Ltd & Ors, Bus v Sydney City Council, and Carlile v Hegedus & Ors. The court found that Schmidt had proved that he slipped and fell on rainwater on the step of the truck's cabin. The court held that the defendant owed a duty of care to provide a safe system of work and to ensure that the workplace was safe. The court found that the risk of injury was foreseeable and that the defendant breached its duty by failing to provide a safe step or platform for Schmidt to alight from the cabin. The court determined that the defendant's breach caused Schmidt's injury.

The court awarded Schmidt damages of $225,000 clear of the WorkCover Queensland refund. The court will hear from the parties if necessary in respect of interest and costs.

Orders

Orders of the court

1. The defendant is to pay to the plaintiff the sum of $225,000 clear of the WorkCover Queensland refund as damages for personal injuries and consequential loss arising as a result of the negligence of the defendant by it servants or agents.

2. I will hear from the parties if necessary in respect of interest and costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Schmidt v S J Sanders Pty Ltd [2012] QDC 148
PARTIES:	HEINZ JOHANN SCHMIDT (Plaintiff) AND S J SANDERS PTY LTD (ACN 074 002 163) (Defendant)
FILE NO/S:	2802 of 2010
DIVISION:	Civil
PROCEEDING:	Trial
ORIGINATING COURT:	District Court, Brisbane
DELIVERED ON:	22 June 2012
DELIVERED AT:	Brisbane
HEARING DATE:	16, 17 and 18 April 2012
JUDGE:	Irwin DCJ
ORDER:	1. The defendant is to pay to the plaintiff the sum of $225,000 clear of the WorkCover Queensland refund as damages for personal injuries and consequential loss arising as a result of the negligence of the defendant by it servants or agents. 2. I will hear from the parties if necessary in respect of interest and costs.
CATCHWORDS:	TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - SPECIAL RELATIONSHIPS AND DUTIES - EMPLOYER AND EMPLOYEE - Where the plaintiff was employed by defendant as a truck driver - where the plaintiff was injured when he fell while attempting to alight from the cabin of a truck during wet weather - whether the plaintiff had proved the means by which he slipped and fell to the ground - whether the defendant had breached its duty of care to the plaintiff - whether the risk of injury to the defendant was foreseeable - whether there was a failure to provide a safe system of work - whether the defendant’s breach caused the injury to the plaintiff. Workplace Health and Safety Act 1995 (Qld), s 28(1). Bourk v Power Serve Pty Ltd & Ors [2008] QSC 29, applied. Bus v Sydney City Council (1989) 167 CLR 78, applied. Carlile v Hegedus & Ors [2003] QSC 323, applied. Davie v New Merton Boards Mill Ltd [1959] AC 604, distinguished. Dibb Group Pty Ltd trading as Hill & Co v Cole [2009] NSWCA 2010, cited. Donoghue v Stevenson (1932) AC 562, cited/ Duyvelshaff v Cathcart & Ritchie Ltd (1973) 1 ALR 125, cited. Hamilton v Nuroof (WA) Pty Ltd (1956) 96 CLR 18, cited. Lusk & Anor v Sapwell [2011] QCA 59. applied. McLean v Tedman (1984) 155 CLR 306, applied. McLean’s Roylen Cruises Pty Ltd v McEwan (1984) 58 ALJR 423, applied. Miller v Council of the Shire of Livingstone & Anor [2003] QCA 29, cited. Nagle v Rottnest Island Authority (1993) 177 CLR 423, cited. O’Connor v Commissioner for Government Transport (1954) 100 CLR 225, applied. Reck v Queensland Rail [2005] QCA 228, applied. Vairy v Wyong Shire Council (2005) 223 CLR 422, applied. Wakelin v London and South-Western Railway Co (1886) 12 App Cas 41 at 47, cited. Webb v The State of South Australia (1982) 56 ALJR 912, cited. Williams v Mount Isa Mines Limited [2000] QSC 161, distinguished. Williams v Mount Isa Mines Limited [2001] QCA 101, distinguished. Wyong v Shirt (1980) 146 CLR 40, applied.
COUNSEL:	J.P. Kimmins for the Plaintiff G.C. O’Driscoll…