Smart v Compass Group (Australia) Pty Ltd
[2021] QDC 176 · Coker DCJ
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.
Read the findings as text
- Stepping down to unload. Pleaded as unsafe.
- No breach of duty. An ordinary, low-risk task.
- Claim dismissed. [2021] QDC 176.
- 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
- Claim type
- WCRA Common Law
- 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
Smart v Compass Group (Australia) Pty Ltd [2021] QDC 176
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