Category

Labour hire & host employer
Pocock v Citi-Steel Pty Ltd [2018] QDC 81 Rafter J The parties agreed on damages ($160,000.00) but disputed liability for causing the plaintiff his personal injuries. The plaintiff was injured on 12 September 2014 at a time when the it was necessary to have an impairment of greater than 5% as assessed under the Workers’...
Read More
Baig v AWX Pty Ltd & Anor [2017] QSC 325 The plaintiff worked via the first defendant’s labour hire company at the second defendant’s abattoir in the paunch room. His task was to remove the ‘bible’ (omasum) from the beast’s paunch. The plaintiff alleged he sustained a lower back injury on 5 July 2010. The...
Read More
Paskins v Hail Creek Coal Pty Ltd & Anor (No 2) [2017] QSC 213 McMeekin J Further to the trial decision, the plaintiff was successful against the defendants for a personal injuries claim, sustained in the course of his employment under a labour hire arrangement. The cost issues were: Whether the costs order against the...
Read More
Paskins v Hail Creek Coal Hire Pty Ltd & Anor [2017] QSC 190 McMeekin J The plaintiff suffered personal injuries in August 2013 in the course of employment with the first defendant. The injury arose out of a collision between the tray of a truck operated by the plaintiff and the bucket of an excavator...
Read More
Kerle v MB Alliance Coal Operations Pty Limited & Ors [2016] QSC 304 The decision of McMeekin J is of seminal importance to practitioners who undertake work-related claims where the common matrix of a principal contractor, labour hire provider and host employer exists, especially for an injury that arises in circumstances that is off-site or...
Read More
Thomas v Trades & Labour Hire Pty Ltd (in liq) & Anor [2016] QCA 332 Morrison and Philippides JJA and Flanagan J Further to the earlier post and the trial decision of Burns J. Despite finding for the plaintiff/appellant on foreseeability and breach, the Court dismissed the appeal on causation. Philippides JA and Flanagan J...
Read More
House v Anglo Coal (Callide Management) Pty Ltd & Anor [2016] QDC 303 Dorney QC DCJ The plaintiff was injured in 2011 when the dump truck he was driving collided with the rear of another dump truck at a mine site owned and operated by the first defendant, Callide Management. The plaintiff sued both his...
Read More
Further to the earlier post regarding the Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016 and the proposed demise of the Byrne decision, it remains law, clause 5 of the Bill defeated. David Cormack – Brisbane Barrister & Mediator
Read More
Thomas v Trades and Labour Hire Pty Ltd [2015] QSC 264 The plaintiff was employed by the first defendant labour hire company and had for many years had been contracted to the second defendant council (host employer). The plaintiff was injured during the course of work as driver and operator of tip truck when the...
Read More
Wormleaton v Thomas & Coffey Limited (No 4) [2015] NSWSC 260   Before: Campbell J                                      TORTS – negligence – liability for severe crush injury at work – duty of care owed by an employer to its employee –...
Read More
1 2

Recent Comments

    Categories