Wright v Thomas Borthwick & Sons (Australia) Pty Ltd

The plaintiff, Wright, brought a claim against Thomas Borthwick & Sons (Australia) Pty Ltd, his employer, seeking damages for injuries sustained in the course of his employment. The plaintiff suffered a spinal injury while using a carcass saw, which he argued was due to the employer's negligence, breach of contract, or breach of statutory duty. The primary concern was the assessment of damages, particularly for the loss of future earning capacity resulting from the aggravation of a pre-existing condition, which rendered the plaintiff unemployable in his former capacity.

The court was tasked with determining whether the employer was liable for the injuries sustained by the plaintiff and, if so, the extent of that liability. This involved assessing the plaintiff’s loss of future earnings and earning capacity, given his pre-existing condition and the unlikelihood of future employment in his former role. The court had to consider the principles governing the remoteness and measure of damages in tort actions, particularly in cases involving personal injuries.

The court found that the employer was indeed liable for the plaintiff’s injuries, as the use of the carcass saw constituted a breach of the employer’s duty to provide a safe working environment. In assessing the damages, the court concluded that the plaintiff's injury was an aggravation of a pre-existing condition, which made him unemployable in his former capacity. The damages for loss of future earnings and earning capacity were calculated accordingly, taking into account the plaintiff's age, life expectancy, and earning capacity prior to the injury. The court awarded the plaintiff $284,173.78 in total damages.