McGrath v Ezy Projects Pty Ltd
[2026] QDC 121 · Porter KC DCJ
Mr McGrath worked as a building-insurance assessor and estimator. In November 2020, following the Halloween hailstorm west of Brisbane, he fell from a ladder while climbing down after inspecting hail damage to a single-storey roof. He suffered serious fractures to his right elbow, right hip and spine, later needing multiple surgeries including a total elbow replacement, and developed a frozen shoulder and post-traumatic stress disorder. He sued his employer for negligence.
The court found the employer had failed to provide a safe system of work, in particular a simple $50 device called a ladder mate that would have stabilised the ladder and prevented the fall. A “ladder mate” is a piece of equipment which can be hooked over a metal gutter from the ground, which provides for stable placement of the ladder at the top when leaning it against the gutter.
The judge was impressed by the candour of the plaintiff, and decided there was no contributory negligence, treating Mr McGrath's decision to use his own stepladder as an honest misjudgement rather than carelessness for his own safety. The court also accepted that his ongoing pain had left him unable to keep working. Judgment was entered for the plaintiff for $636,664.04 after deducting one of the most substantial WorkCover refunds in a published judgment ($741,623.57).
Incident & injury
Fell from a ladder while climbing down after inspecting hail damage to a roof, when the ladder was not stabilised by a ladder mate
Read the findings as text
- No ladder mate supplied. Pleaded as the failure.
- Breach of duty. No contributory negligence.
- $636,664 awarded. [2026] QDC 121.
- Body regions
- Elbow, Shoulder, Hip, Thoracolumbar spine, Psychiatric (Right)
- Diagnoses
- Complex fracture dislocation of right olecranon, coracoid process and proximal radius, Secondary right frozen shoulder, Heterotopic ossification of right elbow requiring total elbow replacement, Right acetabulum (hip) fracture, Minimally displaced spiral spinal fracture, PTSD
- Incident date
- November 2020
- Location
- West of Brisbane (single-storey residence)
Quick facts
- Date of judgment
- 7 August 2026
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- ~60 (inferred)
- Occupation
- Assessor and estimator in building insurance Technician / Trade Worker
- Liability
- Disputed
- ISV assessed
- 45 · Not stated
- Total damages
- $636,664
Outcome
The court found the employer breached its duty of care by failing to supply a ladder mate or adequate ladder, and declined to find any contributory negligence, characterising the plaintiff's conduct as mere misjudgement. Judgment was entered for the plaintiff for $636,664.04 clear of the WorkCover refund.
Defendant
1 Ezy Projects Pty Ltd
Employer
- Judgment against this defendant
- $636,664
- WorkCover refund
- $741,624
- Medicare refund
- $5,281
Heads of damage
| General damages | $124,850 |
|---|---|
| Past economic loss | $451,008 |
| Interest on past EL | $16,581 |
| Past superannuation | $32,771 |
| Future loss of economic capacity | $273,600 |
| Future superannuation | $32,832 |
| Past special damages (plaintiff) | $1,900 |
| Past special damages (WorkCover) | $365,387 |
| Interest on past special damages | $259 |
| Future special damages | $15,040 |
| Fox v Wood | $59,038 |
| Subtotal before refunds | $1,378,288 |
Key issues
McGrath v Ezy Projects Pty Ltd [2026] QDC 121
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