Welsh v Biggin Pty Ltd (No 2)

The plaintiff, Mr Welsh, sought damages from his former employer, Biggin Pty Ltd, for a personal injury he claimed to have suffered in the course of his employment. The plaintiff alleged that while using a pallet jack to move pallets of packages of chicken feed and chicken feeders, he suffered a tendon tear of the right quadriceps, resulting in permanent physical impairment and an adjustment disorder with mixed anxiety and low mood. The dispute was heard in the Supreme Court of New South Wales. The court was required to determine several key legal issues. Firstly, whether the injury was incurred as alleged by the plaintiff. Secondly, whether there was a breach of the defendant's duty of care. Thirdly, whether any such breach caused the injury, and fourthly, whether the risk of injury was foreseeable and not insignificant.

The court found that the plaintiff had established that the injury was incurred as alleged, and that the defendant had breached its duty of care by failing to provide appropriate training and supervision in the use of the pallet jack. The court further found that the breach of duty caused the injury and that the risk of injury was foreseeable and not insignificant. The court assessed the plaintiff's damages, considering the chronic pain, restricted movement, and physiological and psychological issues resulting from the injury. The court awarded the plaintiff general damages, special damages, and past and future economic loss, totalling $824,647.48. The court will hear the parties as to costs on 20 October 2023.