BORAL BRICKS NSW PTY LTD v HAGEL [1990] NSWCA 26

BORAL BRICKS NSW PTY LTD v HAGEL [1990] NSWCA 26

The plaintiff discharged the onus of proof by establishing that he suffered a workplace injury and that the injury was causally connected to the incident described, and the trial judge did not err in weighing evidence or applying the onus of proof.

Parties
Defendant: Boral Bricks NSW Pty Ltd; Plaintiff: Hagel
Jurisdiction
Australia
Judgment Date
13 June 1990
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Master and Servant, Onus of Proof, Causation, Workplace Injury
Tort Employment Law Master and Servant Onus of Proof Causation Workplace Injury

Case Brief

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Parties

Boral Bricks NSW Pty Ltd

Defendant

Hagel

Plaintiff

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the plaintiff sustained an injury during employment as alleged
  2. 2 Whether the injury (fracture of scaphoid bone) was caused by workplace incident
  3. 3 Whether the trial judge erred in applying the onus of proof

Ratio Decidendi

The plaintiff discharged the onus of proof by establishing that he suffered a workplace injury and that the injury was causally connected to the incident described, and the trial judge did not err in weighing evidence or applying the onus of proof.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs