Bilson v Vatsonic Communications Pty Ltd & Townsville City Council
[2024] QDC 42 · Coker DCJ
Leigh Bilson worked as a vacuum truck operator for Vatsonic, cleaning storm-water pits for the Townsville City Council. While he was changing a heavy hose from one valve to another, the hose suddenly flung out of his hand and struck him in the face, rupturing his left eye and leaving him functionally blind in that eye. The court found the hose moved because of stored 'torsional' energy created when council workers, contrary to the agreed system, moved and lifted the hose with a crane before he disconnected it. The judge found both the employer and the council (through its workers) had been negligent, apportioning blame 70% to Vatsonic and 30% to the council. Because the council had a contractual indemnity from Vatsonic, damages were ordered only against Vatsonic. The court accepted the eye injury had cut short the plaintiff's chance of better-paid mining work. He was awarded around $360,000 after the WorkCover refund.
On appeal, in [2024] QCA 171, the Court of Appeal held that judgment should also have been entered against the council, which all parties by then accepted, and that s 236B of the Workers' Compensation and Rehabilitation Act 2003 stopped the council relying on its indemnity from Vatsonic. It set aside the trial orders and entered judgment against Vatsonic for $359,689.84, the amount the trial judge assessed, and against the council for $590,801.57. The two figures differ because the claim against the council is governed by the common law rather than the workers' compensation scheme, and the Court of Appeal assessed general damages against the council at $80,000. The 70/30 split of responsibility between them was not disturbed.
Incident & injury
Plaintiff was struck in the face by a vacuum hose coupling when stored torsional energy in the hose released as he disconnected it from the outlet valve, causing the hose to fling out of his hand and strike him on the nose and left eye.
Read the findings as text
- Hose moved by crane. Contrary to the agreed system.
- Both negligent. 70% employer, 30% council.
- $590,802 against the council. On appeal, [2024] QCA 171.
- Body regions
- Ophthalmic / visual, Left eye, Face (Left)
- Diagnoses
- Rupture of left eye, Traumatic loss of iris, Traumatic loss of lens, Vitreous haemorrhage, Functional blindness in left eye, Psychological injury
- Incident date
- 28 August 2017
- Location
- Townsville, Queensland (gross pollutant trap / storm water site)
Quick facts
- Date of judgment
- 5 April 2024
- Claim type
- Hybrid (WCRA + PIPA)
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 40
- Occupation
- Vacuum truck operator (hydro vac truck) Machinery Operator / Driver
- Liability
- Disputed
- ISV assessed
- 30 · Item 26 - Complete sight impairment in 1 eye or total loss of 1 eye
- Whole Person Impairment
- 24%
- Total damages
- $359,690
Outcome
Judgment for the plaintiff against the first defendant (employer) for $359,689.84 after the WorkCover refund. Liability apportioned 70% to the first defendant and 30% to the second defendant (Townsville City Council), but damages were determined only against the first defendant; the court found the second defendant's contractual indemnity from the first defendant was enforceable and s 236B WCRA did not apply.
Defendants (2)
1 Vatsonic Communications Pty Ltd
Employer
- Apportionment
- 70%
- Judgment against this defendant
- $359,690
- WorkCover refund
- $179,757
Heads of damage
| General damages | $63,950 |
|---|---|
| Past economic loss | $76,208 |
| Interest on past EL | $6,000 |
| Past superannuation | $7,621 |
| Future loss of economic capacity | $250,000 |
| Future superannuation | $29,425 |
| Past special damages (WorkCover) | $80,139 |
| Interest on past special damages | $233 |
| Future special damages | $19,317 |
| Fox v Wood | $3,910 |
| Subtotal before refunds | $539,447 |
2 Townsville City Council
Host/Principal
- Apportionment
- 30%
- Judgment against this defendant
- $0
Key issues
Bilson v Vatsonic Communications Pty Ltd & Townsville City Council [2024] QDC 42
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