DISTRICT COURT OF QUEENSLAND
CITATION:
Williams v Riviera Marine (Int) Ptd Ltd [2013] QDC 306
PARTIES:
PAUL RICHARD WILLIAMS
(Plaintiff)V
RIVIERA MARINE (INT) PTY LTD
ACN 058 009 215
(Defendant)FILE NO/S:
No D386 of 2012
PROCEEDING:
Trial
ORIGINATING COURT:
District Court Southport
DELIVERED ON:
4 December 2013
DELIVERED AT:
District Court Southport
HEARING DATE:
28 May 2013 – 29 May 2013
JUDGE:
McGinness DCJ
ORDER:
Judgment for the defendant with costs
LEGISLATION:
Civil Liabilities Act 2003, s9
Workers’ Compensation and Rehabilitation and other Legislation Amendment Act 2010, s305B
Workers’ Compensation and Rehabilitation Regulation 2003, Schedule 9CASES:
Brisbane City Council v Miles [2011] QCA 250
Dasreef Pty Ltd v Hawchar [2011] HCA 21
General Cleaning Contractors Ltd v Christmas [1953] A.C. 180
Heywood v Commercial Electrical Pty Ltd [2013] QCA 270
Lusk v Sapwell [2011] QCA 59
Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705
Meandarra Aerial Spraying Pty Ltd v Gej & MA Gelard Pty Ltd [2013] 1 Qd R 319
Neill v NSW Fresh Food and Ice Ptd Ltd (1963) CLR 362
Pollard v Trude [2008] QSC 119
Vairy v Wyong Shire Council (2005) 223 CLR 422
Vozza v Tooth & Co Ltd (1964) 112 CLR 316
Wright v Thomas Borthwick & Sons (Australia) Pty Ltd [2008] QSC 86
Wyong Shire Council v Shirt (1980) 146 CLR 40CATCHWORDS:
NEGLIGENCE – PERSONAL INJURIES – WORKPLACE ACCIDENT – where the plaintiff suffered shoulder injury while exiting a small space – where plaintiff had previously suffered dislocated shoulder – whether injury as a result of defendant’s breach of duty of care
EVIDENCE – EXPERT EVIDENCE – Admissibility - whether evidence relevant - whether witness may be considered an expert
DAMAGES – Personal Injuries – Measure of
COUNSEL:
L M Willson for the plaintiff
R C Morton for the defendant
SOLICITORS:
Parker Simmonds Lawyers for the plaintiff
Bruce Thomas Lawyers for the defendant
Introduction
On 3 February 2011, the plaintiff, who was employed by the defendant, suffered a shoulder injury while engaged in fixing wiring in the under helm locker of the marine vessel, “Rivera 43”. The plaintiff claims damages for personal injury resulting from the alleged negligence of the defendant, as well as damages for breach of contract. Both liability and quantum are in issue.
What happened
The plaintiff was born on 8 June 1957. He was aged 53 at the time of the incident. On 3 February 2011 the plaintiff was working for the defendant as a technical tradesperson. The defendant builds and repairs marine vessels. On that date, the plaintiff was fixing the C-Zone wiring in the under-helm locker of a 43-foot launch named “Riviera 43”.[1] To do this, the plaintiff was working inside a small locker underneath the dash on the boat helm (“the locker”).
[1] T1.36.28
The internal measurements of the locker door were 490mm (height) by 340mm (width).[2] The locker door is the largest standard size locker door used.[3] The locker entrance includes a lip from the floor surface at the…
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- Case
- [2013] QDC 306
- Decision Date
CaseChat Overview and Summary
The court held that the defendant did not breach their duty of care, as the plaintiff's injury was not caused by the defendant's actions. The court found that the plaintiff's previous shoulder dislocation played a significant role in the injury he sustained. Furthermore, the court ruled that the expert evidence presented was not relevant or admissible, as the witness could not be considered an expert in the relevant field. Consequently, the court awarded judgment in favour of the defendant and ordered the plaintiff to pay the defendant's costs.
The court's decision was based on the evidence presented and the applicable legal principles. The plaintiff's previous shoulder dislocation and the circumstances surrounding the incident were crucial factors in the court's determination. The court also considered the admissibility of expert evidence, which ultimately did not impact the outcome of the case. The final orders of the court were a judgment in favour of the defendant and an order for the plaintiff to pay the defendant's costs.
Orders
Orders of the court
Judgment for the defendant with costs
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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