McCormick v Mt Pleasant Stud Farm Pty Ltd (No.2) [2021] NSWDC 489

McCormick v Mt Pleasant Stud Farm Pty Ltd (No.2) [2021] NSWDC 489

The defendant breached its duty of care by failing to provide the plaintiff with an assistant capable of controlling Margot during the known hazardous weight testing process, where the risk was foreseeable, reasonable alternatives such as registering Mr Stewart or outsourcing the work were available without undue expense or inconvenience, and Ms Bolwell's slight physique made her unsuitable. That breach materially increased the risk of injury and the risk eventuated when Ms Bolwell lost control of the horse. The plaintiff was not contributorily negligent and did not voluntarily assume the risk because he acted under clear instructions and realistically had no choice. Damages were assessed...

Jurisdiction
Australia
Judgment Date
17 September 2021
Procedural Posture
Civil Personal Injuries Work Injury Damages Claim Under S 151 E of the Workers Compensation Act 1987 / Principal Judgment After Hearing
Outcome
Verdict and judgment for the plaintiff in the sum of $1,395,525.
Legal Topics
['work Injury Damages' "employer's Duty of Care" 'causation' 'contributory Negligence' 'voluntary Assumption of Risk' 'assessment of Damages' 'loss of Earning Capacity']
['personal Injuries' 'workers Compensation' 'negligence' 'employment Law'] ['work Injury Damages' "employer's Duty of Care" 'causation' 'contributory Negligence' 'voluntary Assumption of Risk' 'assessment of Damages' 'loss of Earning Capacity']

Case Brief

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Procedural Posture

Civil Personal Injuries Work Injury Damages Claim Under S 151 E of the Workers Compensation Act 1987 / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the defendant breached its non-delegable duty of care by failing to provide a safe system of work and an assistant of appropriate size, experience, height, stature or strength for the breaking in and weight testing of a thoroughbred horse.' "Whether any breach of duty caused or materially increased the risk of the plaintiff's injuries." 'Whether damages should be reduced for contributory negligence or voluntary assumption of risk.' 'How damages for past and future loss of income earning capacity should be assessed under the Workers Compensation Act 1987.']

Ratio Decidendi

The defendant breached its duty of care by failing to provide the plaintiff with an assistant capable of controlling Margot during the known hazardous weight testing process, where the risk was foreseeable, reasonable alternatives such as registering Mr Stewart or outsourcing the work were available without undue expense or inconvenience, and Ms Bolwell's slight physique made her unsuitable. That breach materially increased the risk of injury and the risk eventuated when Ms Bolwell lost control of the horse. The plaintiff was not contributorily negligent and did not voluntarily assume the risk because he acted under clear instructions and realistically had no choice. Damages were assessed...

Court Disposition

Verdict and judgment for the plaintiff in the sum of $1,395,525.

Orders

  • ['Verdict and judgment for the plaintiff in the sum of $1,395,525.' "The defendant is to pay the plaintiff's costs of the proceedings as agreed or assessed. This order is suspended for 14 days to allow parties, should they wish to do so, to apply to list the matter for submissions on the matter of costs." 'The...