Supreme Court - Trial Division

McGreevy v Cannon Hill Services Pty Ltd [2016] QSC 029 (13/9229) Boddice J 1 March 2016

Full-text: QSC16-029.pdf


TORTS – NEGLIGENCE – DUTY OF CARE – where the defendant company's supervisor refused to slow down the process line – where the plaintiff was given faulty safety equipment – where the plaintiff could not signal supervisor for replacement safety equipment – where there were no supervisors observing the plaintiff – whether defendant company breached their duty of care

TORTS – NEGLIGENCE – CONTRIBUTORY NEGLIGENCE – where it was the defendant company's policy to reprimand certain action – where that certain action was undertaken by the plainitff – where the circumstances of the work environment forced the plaintiff to undertake that certain action – whether the plaintiff was contributorily negligent

DAMAGES – MEASURE OF DAMAGES – PERSONAL INJURIES – where the plaintiff was injured at work – where the plaintiff voluntarily terminated his employment with the defendant – where the plaintiff suffered physical injury to his shoulder during work – where the plaintiff suffered psychological injury as a result of circumstances stemming from unemployment – where the plaintiff’s psychological and physical injuries largely resolved – whether the plaintiff was entitled to damages