Speziali v Nortask Pty Ltd

[2023] QSC 166

SUPREME COURT OF QUEENSLAND

CITATION:

Speziali v Nortask Pty Ltd and anor [2023] QSC 166

PARTIES:

STEVEN SPEZIALI

(plaintiff)
v
NORTASK PTY LTD

(first defendant) and

DALBY BIO-REFINERY LIMITED

(second defendant)

FILENO:

BS1557/21

DIVISION:

Trial Division

PROCEEDING:

Claim

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVEREDON:

1 August 2023

DELIVEREDAT:

Brisbane

HEARINGDATE:

6 – 8 March 2023

JUDGE:

Hindman J

ORDER:

1.   Judgment for the plaintiff against the first defendant in the sum of the sum of $899,254.00 [inclusive of the WorkCover refund of $355,177.33 and the common law rehabilitation refund of $15,934.55].

2.   Judgment for the plaintiff against the second defendant in the sum of $1,341,573.00 (comprising $899,254.00 [inclusive of the WorkCover refund of $355,177.33 and the common law rehabilitation refund of $15,934.55] plus $442,319.00 on account of past and future care).

3.   The aforementioned damages of $899,254.00 are apportioned between the defendants as 25% to Nortask, 75% to DBRL.

4.   The parties provide either an agreed proposed costs order or written submissions on costs within 14 days.

CATCHWORDS:

NEGLIGENCE – CONTRIBUTORY NEGLIGENCE – SAFE SYSTEM OF WORK – BREACH OF DUTY – BREACH OF STATUTORY DUTY – BREACH OF CONTRACT  –  DAMAGES  –  CONTRIBUTORY

NEGLIGENCE – where plaintiff slipped and fell from a ladder onto concrete slab – whether risk of injury foreseeable –

whether the defendants owed duty of care to provide a safe system of work – whether the plaintiff failed to keep a proper lookout so as to avoid injury – whether damages can be reduced for contributory negligence – where defendants failed to provide a safe system of work – whether plaintiff contributed to injuries

TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – EMPLOYER AND

EMPLOYEE – where plaintiff suffered personal injury when carrying out duties – where plaintiff brings proceedings against defendants – where risk of injury was foreseeable – where risk of injury was not insignificant – where a reasonable person would have taken precautions against the risk of injury – whether the defendants breached duty to take all reasonable steps to avoid exposing plaintiff to a foreseeable risk of injury

TORTS – NEGLIGENCE – DAMAGE AND CAUSATION –

CAUSATION – whether the plaintiff’s injury was the result of a breach of a duty of care by employer – whether the access system by way of a ladder was compliant with Australian Standards

TORTS   –   NEGLIGENCE   –   CONTRIBUTORY

NEGLIGENCE – GENERALLY – where plaintiff suffered personal injury when carrying out a task – whether plaintiff failed to take precautions against the risk of injury – whether there ought to be a finding of contributory negligence

DAMAGES – MEASURE OF DAMAGES – ASSESSMENT OF DAMAGES IN TORT - PERSONAL INJURY – where

plaintiff slipped on ladder –what measure of damages for general damages

DAMAGES – MEASURE OF DAMAGES – PAIN AND SUFFERING  –  QUANTUM  –  LOSS  OF  EARNING

CAPACITY – whether plaintiff continues to suffer problems as a result of the accident – whether there is a loss…