Simpson v North Aramara Sawmill P/L

SUPREME COURT OF QUEENSLAND

CITATION:

Simpson v North Aramara Sawmill P/L [2000] QSC 327

PARTIES:

DALE LEE SIMPSON
(plaintiff)
v
NORTH ARAMARA SAWMILL PTY LTD ACN 010 611 864
(defendant)

FILE NO/S:

19 of 1999 Maryborough

DIVISION:

Trial Division at Maryborough

PROCEEDING:

Civil Trial

DELIVERED ON:

20 September 2000

DELIVERED AT:

Brisbane

HEARING DATE:

14-15 August 2000

JUDGE:

Atkinson J

ORDER:

The defendant pay the plaintiff damages in the sum of $455,130.44.

CATCHWORDS:

EMPLOYMENT LAW – INJURY OF EMPLOYEE – LIABILITY OF EMPLOYER – where plaintiff injured his back by lifting heavy objects at workplace – where defendant gave no training or information about safe lifting – assessment of damages.

WorkCover Queensland Act 1996, s 312, s 318

Astley v Austrust Limited (1999) 197 CLR 1, considered
Wylie v The ANI Corporation Limited [2000] QCA 314; CA No 4092 of 1999, considered

COUNSEL:

M P Amerena for the plaintiff
D H Tait for the defendant

SOLICITORS:

Morton & Morton Solicitors for the plaintiff
Bain Gasteen Lawyers for the defendant

1. ATKINSON J:  Glenton Simpson was the proprietor of the North Aramara Sawmill which is situated on the Biggenden-Maryborough road.  He and his wife Lola Ann Simpson and one of his sons, Raymond Brett Simpson, are the directors of the North Aramara Sawmill Pty Ltd which owned the sawmill.  The sawmill, which milled hard wood logs,  started its operation in April 1986 and closed in June 1999. 

1. Another of Glenton Simpson’s sons is Dale Lee Simpson who was born on 8 July 1960.  Dale Simpson completed Year 12 at Aldridge State High School in Maryborough in 1977 where he was a Prefect, Class Captain and Sports Captain.  He then joined the Australian Navy for 12 years reaching the rank of Chief Petty Officer.  He continued his education in the Navy receiving a Diploma in Electronic Engineering.  After his discharge in 1989, Dale Simpson obtained a job as a quality assurance manager with an aerospace company in the United States of America.  He then became quality assurance manager at a plastics manufacturing company and ISO[1] co-ordinator of the company.  He then obtained employment at Dimetrics Incorporated in the United States as quality assurance manager and ISO co-ordinator.

   [1]International Standards Organisation.

1. In early 1996, Dale Simpson’s father, Glenton Simpson, who was then approaching 60 years old, was considering retiring from his position at the sawmill.  His wife was in poor health with arthritis and Glenton Simpson wanted his two sons to take over the sawmill.  Dale Simpson’s younger brother, Raymond, did not have the writing, reading and communication skills which were required to keep the mill in business as a going concern.  However, Dale Simpson had no experience in the sawmill industry.  His father asked Dale to return and work in the sawmill to gain the necessary experience and to take over the office, clerical and accountancy duties such as answering telephones, giving quotes and taking orders.  Dale Simpson returned from the United States to work at the North Aramara Sawmill in…