Speziali v Nortask Pty Ltd and anor
[2023] QSC 166 · Hindman J
Steven Speziali was a rigger working for Nortask, a civil construction contractor, doing repair work on a tall cyclone structure at the Dalby Bio-Refinery. While climbing down a wet steel ladder from a platform around 14.5 metres up, he slipped and fell about 10 metres onto a concrete slab below, suffering serious injuries that left him with unspecified injuries causing a 48% loss of whole person function. His employer admitted responsibility, but the refinery (the site occupier) contested its liability and argued Mr Speziali was partly to blame. The court found the ladder access system breached Australian Standards because of a dangerous gap that let him fall to the ground rather than landing on a platform, and held the refinery negligent. The court rejected any blame on Mr Speziali. Damages were split 25% to the employer and 75% to the refinery, and the refinery was also liable for his past and future care costs. He recovered $1,341,573 in total.
Incident & injury
Plaintiff slipped while descending a ladder from the top platform of a cyclone structure, fell through a non-compliant gap between the ladder cage and mid-platform guardrails, and landed approximately 10 metres below on a concrete slab.
Read the findings as text
- Gap in the ladder cage. Breached Australian Standards.
- Occupier negligent. 25% employer, 75% refinery.
- $1,341,573 awarded. [2023] QSC 166.
- Body regions
- Multiple regions / generalised, Multiple - whole person
- Incident date
- 15 June 2017
- Location
- Dalby Bio-Refinery premises, Dalby, Queensland
Quick facts
- Date of judgment
- 1 August 2023
- Claim type
- Hybrid (WCRA + PIPA)
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- Occupation
- Rigger/dogger (steel fabrication / civil construction worker) Technician / Trade Worker
- Liability
- Partial
- Whole Person Impairment
- 48%
- Total damages
- $1,341,573
Outcome
Plaintiff successful against both defendants. Judgment entered against Nortask (employer, liability admitted) for $899,254 and against DBRL (occupier, found negligent) for $1,341,573 (the additional $442,319 representing past and future gratuitous care recoverable only against DBRL). Damages of $899,254 apportioned 25% Nortask / 75% DBRL. No contributory negligence found.
Defendants (2)
1 Nortask Pty Ltd
Employer (labour/contractor)
- Apportionment
- 25%
- Judgment against this defendant
- $899,254
- WorkCover refund
- $355,177
2 Dalby Bio-Refinery Limited
Occupier
- Apportionment
- 75%
- Judgment against this defendant
- $1,341,573
Heads of damage
| Past care (Griffiths v Kerkemeyer) | $138,380 |
|---|---|
| Future care | $303,939 |
| Subtotal before refunds | $1,341,573 |
Key issues
Speziali v Nortask Pty Ltd and anor [2023] QSC 166
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