Court of Appeal

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Kemp Meats Pty Ltd v Tompkins [2014] QCA 125 (13/7438) Margaret McMurdo P and Holmes and Fraser JJA 30/05/2014

Full-text: QCA14-125.pdf

Catchwords

TORTS – NEGLIGENCE – CONTRIBUTORY NEGLIGENCE – PARTICULAR CASES – OTHER CASES – where the respondent slaughterman sustained a workplace injury while employed at the appellant’s abattoir – where the respondent was awarded judgment in the sum of $337,113.55 – where the appellant accepted liability for the respondent’s injury but alleged that his negligence in failing to wear cut-resistant gloves provided to him contributed to the injury – whether the appellant had “properly instructed” its employees to use the gloves for the purposes of s 305H(1)(b) of the Workers’ Compensation and Rehabilitation Act 2003 – whether the respondent was “provided” the gloves for the purposes of s 305H(1)(b) or s 305H(1)(c) of the Workers’ Compensation and Rehabilitation Act – whether the trial judge erred in finding that the respondent had not contributed to his injury

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – METHOD OF ASSESSMENT – GENERALLY – where the respondent suffered personal injury in the course of his employment – where the respondent was awarded judgment in the sum of $337,113.55 – whether the respondent's pre-existing shoulder injury was properly taken into account in the award of damages for past and future economic loss – whether there was evidence justifying a finding of loss of income by virtue of his loss of the opportunity to carry out more highly-paid employment – whether there was error as to the period over which any such opportunity was lost – whether there was error as to the period over which the respondent was entitled to compensation for increased expenses