Sneddon v Petts
[2023] QDC 49 · Rosengren DCJ
An experienced rural and forestry worker in his late fifties was helping the owner of a hobby farm spray herbicide onto regrowth that the owner cut with a brushcutter. While waiting behind the owner, the worker stepped backwards, lost his footing on a rock and fell, breaking his right leg. He sued the farm owner (treated as his employer) for damages, arguing the owner had not provided a safe system of work, proper instructions, or appropriate equipment. The judge found the worker an unreliable witness on several points and was not persuaded the owner had done anything unsafe — the worker's suggested 15-metre safety distance would have made the spraying job impossible, and the fall was simply a misstep on rough ground he was experienced in. The court entered judgment for the defendant, so the worker recovered nothing. For completeness, the judge calculated what the damages would have been (about $179,000 after a WorkCover refund) had the claim succeeded.
Incident & injury
Plaintiff stepped backwards while spraying herbicide on cut stumps, lost balance on a rock and fell, breaking his right leg
- Body regions
- Knee / lower leg, Right lower limb (Right)
- Diagnoses
- Spiral fracture of distal tibia, Proximal fracture of fibula
- Incident date
- 27 July 2019
- Location
- Rosedale (hobby farm property), Queensland
Quick facts
- Date of judgment
- 28 March 2023
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 58
- Occupation
- Forestry/pastoral and rural manual worker (sawmill, fencing, forestry and pastoral management); between contracts at time of injury, later a property caretaker Labourer
- Liability
- Disputed
- ISV assessed
- 15 · Item 134 (moderate lower limb injury) WCRR Sch 9
- Whole Person Impairment
- 9%
- Total damages
- $0
Outcome
Judgment was entered for the defendant. The court found no breach of duty — the plaintiff's pleaded 15-metre distance system was impractical, and the fall was not shown to have been caused by any negligent conduct by the defendant. Although the plaintiff failed on liability, the court assessed notional damages at $178,832 (net of WorkCover refund) had liability been established.
Defendant
1 Allan Petts
Employer (hobby farm owner)
- Judgment against this defendant
- $0
- WorkCover refund
- $12,173
- Medicare refund
- $500
Heads of damage
| General damages | $27,050 |
|---|---|
| Past economic loss | $65,000 |
| Interest on past EL | $3,770 |
| Past superannuation | $6,175 |
| Future loss of economic capacity | $70,000 |
| Past special damages (plaintiff) | $3,779 |
| Past special damages (WorkCover) | $6,974 |
| Interest on past special damages | $257 |
| Future special damages | $7,500 |
| Subtotal before refunds | $191,005 |
Key issues
Sneddon v Petts [2023] QDC 49
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