Bilson v Vatsonic Communications Pty Ltd; Vatsonic Communications Pty Ltd v Bilson
[2024] QCA 171 · Bowskill CJ
Mr Bilson worked as a vacuum truck operator for Vatsonic, which hired the truck and operator out to Townsville City Council. While he was unhooking a heavy hose from his truck, stored energy in the hose caused it to fling around and strike him in the left eye, leaving him with near-total loss of vision in that eye. He sued his employer Vatsonic (under workers' compensation law) and the Council (under ordinary negligence law) for failing to provide a safe system of work. The trial judge found both at fault but, due to a contractual indemnity, only entered judgment against Vatsonic.
On appeal, the Court of Appeal held judgment should be entered against both defendants. The Court also found a workers' compensation provision voided the indemnity, and assessed his common-law damages against the Council at $590,801.57 (approximately $230,000 higher than what was awarded in the original trial).
Incident & injury
Whilst uncoupling a vacuum hose from a hydro vac truck's outlet valve, the hose flung out of the worker's hand due to release of stored torsional energy and struck him on the bridge of the nose and left eye.
- Body regions
- Ophthalmic / visual, Eye / vision, Psychiatric (Left)
- Diagnoses
- Rupture of left eye, Traumatic loss of iris, Traumatic loss of lens, Vitreous haemorrhage, 95-99% loss of visual acuity left eye, Psychological consequences
- Incident date
- 28 August 2017
- Location
- Burdell, Townsville, Queensland
Quick facts
- Date of judgment
- 13 September 2024
- Claim type
- Hybrid (WCRA + PIPA)
- Proceeding
- Appeal
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- 40
- Occupation
- Vacuum truck operator (hydro vac truck) Machinery Operator / Driver
- Liability
- Disputed
- Whole Person Impairment
- 23%
- Total damages
- $590,802
Outcome
Mr Bilson's appeal was allowed; judgment was entered against both Vatsonic (employer, governed by WCRA) for $359,689.84 and the Council (occupier, governed by common law) for $590,801.57, with apportionment of 70%/30%. Vatsonic and WorkCover's appeal succeeded only on the s 236B point, which voided the contractual indemnity in favour of the Council. Mr Bilson's actual recovery is the larger common-law judgment against the Council of $590,801.57.
Defendants (2)
1 Vatsonic Communications Pty Ltd
Labour-hire 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 | $22,300 |
| Past superannuation | $7,621 |
| Future loss of economic capacity | $250,000 |
| Future superannuation | $29,425 |
| Past care (Griffiths v Kerkemeyer) | $13,365 |
| Future care | $5,000 |
| Interest on past special damages | $873 |
| Future special damages | $19,317 |
| Fox v Wood | $3,910 |
| Subtotal before refunds | $539,447 |
2 Townsville City Council
Host employer / Occupier
- Apportionment
- 30%
- Judgment against this defendant
- $590,802
Heads of damage
| General damages | $80,000 |
|---|---|
| Past economic loss | $76,208 |
| Interest on past EL | $22,300 |
| Past superannuation | $7,621 |
| Future loss of economic capacity | $250,000 |
| Future superannuation | $29,425 |
| Past care (Griffiths v Kerkemeyer) | $13,365 |
| Future care | $5,000 |
| Past special damages (plaintiff) | $82,783 |
| Interest on past special damages | $873 |
| Future special damages | $19,317 |
| Fox v Wood | $3,910 |
Contribution orders
- Townsville City Council ordered to contribute — to Vatsonic Communications Pty Ltd (Law Reform Act 1995 (Qld) s 6(c) — Vatsonic entitled to recover 30% of damages assessed against it from the Council)
- Vatsonic Communications Pty Ltd ordered to contribute — to Townsville City Council (Law Reform Act 1995 (Qld) s 6(c) — Council entitled to recover 70% of damages assessed against it from Vatsonic)
Key issues
Bilson v Vatsonic Communications Pty Ltd; Vatsonic Communications Pty Ltd v Bilson [2024] QCA 171
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