Goldthorpe v HJS Store Pty Limited
[2025] QDC 209 · Loury KC DCJ
Jeffrey Goldthorpe, a 56-year-old store worker, was injured delivering a heavy refrigerator for a Harvey Norman store in Dalby in July 2023. While pulling the fridge up steps on a trolley, he felt a popping sensation and back pain. He had only been employed for about a week on a short fixed-term contract. He sued his employer, arguing it should have provided a stair-climbing trolley and a more capable assistant. The court found the employer had provided a suitable trolley and an able co-worker and so had not breached its duty of care, dismissing the claim.
The judge also found the plaintiff had a long-standing back condition and had been medically advised against heavy lifting, yet did not disclose this when applying for the job - so he contributed to his own injury. The medical evidence showed his soft-tissue injury had resolved within months.
Even if he had won, his damages were so small they would have been entirely absorbed by the WorkCover refund, leaving nothing payable.
Incident & injury
Plaintiff was pulling a 137-kilogram refrigerator on a flat-bed trolley up steps during a whitegood delivery and felt a popping sensation and immediate back pain
Read the findings as text
- Stair-climbing trolley. Pleaded as necessary.
- No breach of duty. Suitable trolley provided.
- Claim dismissed. [2025] QDC 209.
- Body regions
- Lumbar / thoracic spine, Lumbar spine, Thoracic spine
- Diagnoses
- Soft tissue injury to the back (resolved), Aggravation of pre-existing L1 compression fracture, Mild degenerative disc disease at L3/4, L4/5 and L5/S1
- Incident date
- 21 July 2023
- Location
- Dalby, Queensland (customer premises — delivery address)
Quick facts
- Date of judgment
- 12 December 2025
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- ~54 (inferred)
- Occupation
- Store person / delivery driver (whitegoods delivery) Labourer
- Liability
- Disputed
- ISV assessed
- 1 · Item 93 WCRR 2014, minor thoracic or lumbar spine injury
- Total damages
- $0
Outcome
The plaintiff's claim was dismissed: the court found Harvey Norman had not breached its duty of care by providing a standard heavy-duty trolley and a medically cleared co-worker. Even if liability had been established, the quantum of damages ($4,162.62 gross including Fox v Wood) was wholly extinguished by the WorkCover refund of $10,977.86, leaving $0.00 recoverable; contributory negligence would in any event have defeated the claim.
Defendant
1 HJS Store Pty Limited ACN 660 147 151 as Trustee for HJS Store No 2 Trust
Employer
- Judgment against this defendant
- $0
- WorkCover refund
- $10,978
Heads of damage
| General damages | $1,535 |
|---|---|
| Past economic loss | $1,669 |
| Past superannuation | $167 |
| Future loss of economic capacity | $0 |
| Fox v Wood | $792 |
| Subtotal before refunds | $4,163 |
Key issues
Goldthorpe v HJS Store Pty Limited [2025] QDC 209
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Learn more about WorkCover common law claims in Queensland.