The plaintiff’s claim was rejected on the second limb of the test of Wyong Shire Council v Shirt (1980) 146 CLR 40;  HCA, and that there was no breach by the council of its obligations under the Workplace Health and Safety Act 1995 (Qld). The discussion in respect of the WHSA (paragraph 53 following) is of some interest as to the factors which will be taken into account by the court.
The decision involved the question of costs payable by the plaintiff after not being successful. Her honour White J, considered that because the trial was limited to liability, s 313 of the Workers’ Compensation and Rehabilitation Act 2003 did not apply. In the event it did not apply the court was not prohibited from exercising its discretion of costs in the usual course. Accordingly, costs were awarded.
Brisbane Barrister – David Cormack