Paetzold v At Beach Court Holiday Villas Pty Ltd
[2024] QCA 227 · Flanagan and Brown JJA and Freeburn J
Mr Paetzold worked as a caretaker for a holiday villa company near Proserpine. In March 2020 he was injured while trying to push a stuck ride-on mower that had a flat battery, rupturing his Achilles tendon. He also claimed he had injured his left knee in the same incident. At trial, the judge accepted the employer was negligent and that the Achilles injury was caused by the incident, but found the knee problem was not, it was due to pre-existing degeneration and only emerged months later. The judge awarded him about $41,000 (less a statutory refund) and made adverse findings about his credibility, partly because he had not declared his income to Centrelink while receiving the age pension. Mr Paetzold asked the Court of Appeal for leave to appeal so he could seek a much larger sum of around $252,000. The Court of Appeal refused leave, finding no error in the trial judge's reasoning, and dismissed the cross-appeal.
His original award stood, which was less than the statutory refund. That means the damages were entirely swallowed by the refund, leaving no damages payable to Mr Paetzold at all on that calculation.
Incident & injury
Injured while attempting to push a stuck ride-on mower with a flat battery, which forced him to take shortcuts rather than jump-start the mower.
- Body regions
- Ankle / foot, Left foot, Left knee (Left)
- Diagnoses
- Achilles tendon rupture, left knee meniscal tear (alleged), aggravation of pre-existing left knee osteoarthritis (alleged)
- Incident date
- 16 March 2020
- Location
- Cannonvale, near Proserpine
Quick facts
- Date of judgment
- 15 November 2024
- Claim type
- WCRA Common Law
- Proceeding
- Appeal
- Plaintiff outcome
- Partial
- Plaintiff age at injury
- 70
- Occupation
- caretaker Labourer
- Liability
- Disputed
- Total damages
- $41,077 10th percentile · WCRA Common Law matters (n=29)
Outcome
The applicant sought leave to appeal the District Court's assessment of damages, contending the trial judge erred in finding his knee injury was not caused by the incident and in making adverse credit findings. The Court of Appeal refused leave to appeal and dismissed the cross-appeal; the trial judgment of $41,076.88 (less statutory refund) stood.
Defendant
1 At Beach Court Holiday Villas Pty Ltd
Employer
- Judgment against this defendant
- $41,077
- WorkCover refund
- $55,850
Key issues
Paetzold v At Beach Court Holiday Villas Pty Ltd [2024] QCA 227
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