Matthew Hickey OAM KC (leading Ms A Crawford) represented the second defendant, instructed by Meridian Lawyers.
This case concerned a claim by the plaintiff for damages for negligence and/or breach of contract arising from injuries he sustained in a workplace accident. When he was injured, the plaintiff was employed by the first defendant, a labour hire company, and was working at the factory of the second defendant. The plaintiff alleged that the first defendant was negligent as it failed to provide and maintain an adequately safe system of work, and alternatively, that his injury was caused by a breach of the implied term to provide a safe workplace and system of work. He also alleged that the second defendant was negligent for similar reasons.
Smith J held that the first defendant was liable in negligence and/or breach of contract to the plaintiff, and that the second defendant was liable in negligence to the plaintiff. He assessed that the first defendant was 25 per cent responsible for the plaintiff’s injuries and the second defendant was 75 per cent responsible. However, Smith J also found that the plaintiff had exaggerated the effect of the injury on his functional capacity, thus reducing the amount of damages payable.
The judgment can be read by clicking here
