Guorgi v Pipemakers Australia Pty Ltd [2013] QSC 198
| JUDGE: | Boddice J |
| ORDER: | The plaintiff’s claim is dismissed. I shall hear the parties as to costs. |
| CATCHWORDS: | TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – REASONABLE FORESEEABILITY OF DAMAGE – GENERALLY –where the plaintiff claims damages for psychiatric injuries caused by the defendant‟s negligence and/or breach of contract – where the defendant was aware it was commonplace for racial jokes and banter to occur in the workplace – where the plaintiff actively participated in the racial jokes and banter and made jokes referring to his own ethnicity – where two employees of the defendant wore Ku Klux Klan-like masks and created a makeshift toilet with the words “Arab bullshit bowl” – where the incident was reported and the two employees‟ employment terminated – where one of the employees was re-employed – where the plaintiff alleges he developed as a consequence, post- traumatic stress disorder and depression – whether the plaintiff has established on the balance of probabilities that it was reasonably foreseeable he would suffer a psychiatric injury as a consequence of the defendant‟s alleged breach of duty
David Cormack – Brisbane Barrister. |
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