Thomas v State of Queensland
[2025] QSC 242 · Freeburn J
Tinu Thomas, a theatre nurse at the Royal Brisbane and Women's Hospital, brought a workplace injury claim against the State of Queensland. She said that in June 2020 she hurt her left hand, wrist, elbow and shoulder while using force to loosen the adjustment knob on a surgical equipment stand. More than five years later, neither she nor her lawyers had identified the particular stand involved. She applied to inspect a whole floor of the operating hospital so she and an expert could find a similar stand and examine it. The court refused this, finding the request was too broad and amounted to a fishing expedition rather than investigating a specific, properly pleaded claim. There are dozens of stands of different models on that floor, and inspecting an unidentified one years later would not help decide any issue. The court also allowed the State's separate request to set the matter down for trial without the plaintiff's signature. No damages were decided in this procedural ruling.
Incident & injury
Plaintiff sustained injury while attempting to loosen the adjustment knob on a Mayo Surgical Stand using greater force on her second attempt, causing sharp pain in her left hand, wrist, elbow and shoulder.
- Body regions
- Hand / wrist, Left hand, Left wrist, Left elbow, Left shoulder (Left)
- Incident date
- 26 June 2020
- Location
- Royal Brisbane and Women's Hospital, Brisbane
Quick facts
- Date of judgment
- 23 September 2025
- Claim type
- WCRA Common Law
- Proceeding
- Interlocutory
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- Occupation
- Registered nurse (theatre nurse) Professional
Outcome
Plaintiff's application under UCPR r 250 to inspect level four of the RBWH for the purposes of inspecting a Mayo stand was dismissed. The defendant's application under UCPR r 469 to dispense with the plaintiff's signature on the request for trial date was granted. The court found the proposed inspection lacked focus and amounted to a fishing expedition.
Key issues
Thomas v State of Queensland [2025] QSC 242
When typing in a Word document, italicise the case name. The copy button copies plain text suitable for any editor.
Learn more about WorkCover common law claims in Queensland.