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Injury Liability Gazette
Contents
Assessment of Damages
Gray v Richards
[2014] HCA 40
The High Court held that an incapacitated plaintiff
is entitled to recover the expenses associated with
managing the costs of the lump sum award of damages
however, is not entitled to recover costs associated with
managing the predicted future income of the managed
fund.
Occupier’s Liability
Dillon v Hair
[2014] NSWCA 80
Where an owner of residential premises was found liable
for injuries sustained by an entrant when she slipped and
fell on an mat inside the entrance.
Simmons v Rockdale City Council
[2013]
NSWSC 1431
The plaintiff cycler had his leg amputated after colliding
with a closed boom gate.
Wooby v Australian Postal Corporation
[2013]
NSWCA 183
Where a contractor suffered a back injury loading a heavy
parcel at Australia Post’s premises and sought damages
based on a duty owed to her on the same basis as if she
was an employee.
Wright v KB Nut Holdings Pty Ltd
[2013] QCA 66
Injury to persons entering premises, where entry pursuant
to contract, whether risk of harm was foreseeable.
Recreational Activities
Du Pradal & Anor v Petchell
[2014] QSC 261
Action in negligence brought against the driver of a
speedboat who drove over the first plaintiff while he was
diving, causing multiple significant injuries. The second
plaintiff brought a claim of per quod servitium amisit for
loss of the first plaintiff’s services as an employee.
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McDermott v Woods
[2015] NSWDC 27
Where a horse riding instructor was sued by a lady who
suffered an ankle injury when she fell off a horse.
Workplace Law
BlueScope Steel Ltd v Cartwright
[2015]
NSWCA 25
The court of appeal considered the scope of the duty
owed by a manufacturer to a truck driver after changing
the design of goods being carted, and whether the
alleged breach of this duty or the excessive speed of the
first respondent was the cause of the accident.
Grima v RFI (Aust) Pty Ltd
[2014] NSWCA 345
Consideration of issues concerning equal shared liability
and contributory negligence.
Schonell v La Spina, Trabucco & Co Pty Ltd
[2013] QCA 324
Where an employee suffered injury due to falling
from an allegedly defective ladder and the Court of
Appeal considered whether the system of inspection
implemented by his employer was reasonable and
adequate.
Sharp v Emicon Pty Ltd
[2014] NSWC 1072
Employer found liable for failing to provide site specific
and comprehensive instructions in how to safely perform
duties, even for the most obvious risks.
Policy Interpretation
Verney v The Mac Services Group Pty Ltd
[2014]
QSC 57
Whether employer failed to take reasonable care for
employee’s safety, assessment of future economic
loss where intermittent work history and pre-existing
condition.
