Paetzold v At Beach Court Holiday Villas Pty Ltd
[2024] QDC 35 · Sheridan DCJ
A caretaker at a Whitsundays holiday villa complex was injured when the ride-on mower he was using got stuck on a slope. Because the mower's battery was flat, he kept the engine running and tried to push it free with one hand, tearing his left Achilles tendon. He sued his employer, arguing it should have fixed the known battery fault. The court agreed the employer was negligent and that the battery problem caused the Achilles injury, which was surgically repaired and healed within a few months. The court rejected his claim that he had also injured his knee in the incident, finding the knee problem was caused by pre-existing degeneration. The judge was also troubled that the worker had been receiving the age pension without declaring his employment income to Centrelink. Damages were limited to a short period of lost earnings and a small general damages award, totalling about $41,000 before the WorkCover refund was deducted.
On the figures, the statutory refund was larger than the damages award. That means the damages were entirely swallowed by the refund, leaving no damages payable to Mr Paetzold on that calculation.
In practical terms, the claim appears to have produced no net damages recovery after the refund, and it may have left him worse off once unrecovered legal costs, adverse costs exposure, and the failed appeal are considered. The judgment itself does not give enough information to calculate his final net position after solicitor-client costs, party-party costs, any offers, and the precise final refund order.
Incident & injury
Injured while pushing a ride-on mower that had become stuck on a slope; the mower's battery was defective so the plaintiff manoeuvred it without turning it off, tearing his left Achilles tendon
- Body regions
- Ankle / foot, Left ankle, Left knee (Left)
- Diagnoses
- Near complete tear of left Achilles tendon, Left knee torn medial meniscus (causation not established)
- Incident date
- 16 March 2020
- Location
- At Beach Court Holiday Villas, Cannonvale
Quick facts
- Date of judgment
- 10 April 2024
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Partial
- Plaintiff age at injury
- ~69 (inferred)
- Occupation
- Gardener/caretaker Labourer
- Liability
- Disputed
- ISV assessed
- 3 · Item 143 (minor ankle injury), WCRR Sch 9
- Whole Person Impairment
- 4%
- Total damages
- $41,077
Outcome
The court found the defendant employer negligent in failing to provide a mower with an operable battery, and that this caused the plaintiff's Achilles tendon injury. The claimed knee injury was found not to have been caused by the incident (degenerative). Damages were assessed at $41,076.88 (before statutory WorkCover refund), with economic loss limited to a short period because the knee claim failed and the Achilles injury healed quickly.
Defendant
1 At Beach Court Holiday Villas Pty Ltd
Employer
- Judgment against this defendant
- $41,077
Heads of damage
| General damages | $4,470 |
|---|---|
| Past economic loss | $15,961 |
| Past superannuation | $1,516 |
| Past special damages (plaintiff) | $3,257 |
| Past special damages (WorkCover) | $10,585 |
| Interest on past special damages | $154 |
| Fox v Wood | $5,133 |
| Subtotal before refunds | $41,077 |
Key issues
Paetzold v At Beach Court Holiday Villas Pty Ltd [2024] QDC 35
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