Smart v Compass Group (Australia) Pty Ltd

[2021] QDC 176 · Coker DCJ

In plain language

Ricki Smart worked as an airport reporting officer at a remote mine, where his duties included unloading baggage from a trailer onto a footpath. In February 2016, while stepping down from the footpath to the road, his left ankle gave way and he fell, striking his right knee. He later needed a total knee replacement and claimed the fall, caused by an unsafe system of work, had ended his working career. The court was not persuaded. The judge found the task of stepping up and down to unload light bags was an ordinary, low-risk activity that did not breach the employer's duty of care. The judge also had serious doubts about the plaintiff's reliability, including a late-produced diary that appeared to have been fabricated, and accepted medical records suggesting a separate later event (someone falling on his knee) was the real cause of his ongoing problems. The claim was dismissed with judgment for the employer. The judge assessed notional damages at only $10,000 had liability been found.

Incident & injury

Plaintiff's left ankle gave way while stepping down from a footpath to the road while unloading baggage from a trailer, causing him to fall and strike his right knee on the ground.

Body regions
Knee / lower leg, Right knee (Right)
Diagnoses
Soft tissue injury to right knee, Aggravation of pre-existing osteoarthritis
Incident date
29 February 2016
Location
Cannington Mine Village

Quick facts

Date of judgment
13 August 2021
Proceeding
Trial
Plaintiff outcome
Unsuccessful
Plaintiff age at injury
55
Occupation
Airport Reporting Officer (supervisor) at a mine village Labourer
Liability
Disputed
Total damages
$0

Outcome

The court found the plaintiff failed to prove any breach of the employer's modified statutory duty under s 305B WCRA, finding the unloading task gave rise to an insignificant risk of injury. Judgment was entered for the defendant and the claim dismissed; notional damages were assessed at $10,000 had liability been established.

Defendant

1 Compass Group (Australia) Pty Ltd

Employer

Judgment against this defendant
$0

Key issues

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Smart v Compass Group (Australia) Pty Ltd [2021] QDC 176

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