Sawyer v Steeplechase Pty Ltd

[2024] QSC 142 · Crowley J

In plain language

Luke Sawyer, a 26-year-old concreter, injured his lower back in August 2016 while laying a heavy 105kg steel reinforcing mesh sheet over plumbing pipes at a house renovation site in Ascot. He kept working in pain for nearly a year, before a second incident in July 2017 (bending to get a drink) left him unable to work. Scans showed a prolapsed disc at the L5/S1 level which required surgery. He has not been able to return to concreting and now receives a disability pension. The main dispute was whether his serious back condition was caused by the 2016 injury or by a pre-existing degenerative condition. The court accepted that the 2016 incident caused a significant tear that gradually worsened into the disc prolapse. The principal contractor for the site was found not to owe him a duty of care, and his employer (the second defendant) admitted breaching its duty. The court awarded him about $781,000 in damages against his employer, and dismissed the claims against the other two defendants.

Incident & injury

Plaintiff injured his lower back while squatting, twisting and reaching to lay a heavy (105kg) SL81 steel mesh sheet over protruding plumbing pipes during foundation preparation work as a concreter.

Body regions
Lumbar spine, Psychiatric (Right)
Diagnoses
L5/S1 disc injury (radial annular tear progressing to disc prolapse), Right S1 nerve root impingement / radiculopathy, Aggravation of pre-existing depressive disorder (adjustment disorder with mixed anxiety and depressed mood)
Incident date
22 August 2016
Location
Yabba Street, Ascot (residential renovation job site)

Quick facts

Date of judgment
10 July 2024
Proceeding
Trial
Plaintiff outcome
Successful
Plaintiff age at injury
26
Occupation
Concreter Technician / Trade Worker
Liability
Partial
ISV assessed
19 uplift applied · WCRR Sch 9 Item 91 (moderate lumbar spine injury)
Whole Person Impairment
13%
Total damages
$781,082

Outcome

Judgment for the plaintiff against the second defendant (his employer) for $781,082.09. The claims against the first defendant (principal contractor) and third defendant were dismissed, the court finding the principal contractor owed no duty of care of the kind pleaded and that the plaintiff's significant injury occurred on 22 August 2016 while the second defendant was his employer.

Defendants (3)

1 Steeplechase Pty Ltd (SW Constructions)

Principal contractor / Occupier

Judgment against this defendant
$0
Heads of damage
General damages $80,000
Interest on general damages $6,312
Past economic loss $289,515
Interest on past EL $59,860
Past superannuation $27,504
Future loss of economic capacity $363,800
Future superannuation $40,018
Past care (Griffiths v Kerkemeyer) $40,149
Interest on past care $14,090
Future care $106,810
Past special damages (plaintiff) $55,626
Future special damages $47,927
Fox v Wood $25,443
Subtotal before refunds $1,157,654

2 Joel Quillan and Linda Quillan as Trustees for the Quillan Family Trust (Cretek)

Employer (labour-hire / direct employer)

Judgment against this defendant
$781,082
WorkCover refund
$129,030
Heads of damage
General damages $34,030
Past economic loss $289,515
Interest on past EL $26,249
Past superannuation $27,504
Future loss of economic capacity $363,800
Future superannuation $40,018
Past special damages (plaintiff) $8,000
Past special damages (WorkCover) $47,626
Future special damages $47,927
Fox v Wood $25,443
Subtotal before refunds $910,112

3 Cretek Pty Ltd (in liquidation)

Subsequent employer

Apportionment
0%
Judgment against this defendant
$0

Key issues

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Sawyer v Steeplechase Pty Ltd [2024] QSC 142

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