SAGGUS v COSTAIN AUSTRALIA LTD [1997] NSWCA 272

SAGGUS v COSTAIN AUSTRALIA LTD [1997] NSWCA 272

The Court was not satisfied, on the evidence, that the hearing loss or tinnitus suffered by the plaintiff was caused during his employment with Costain; therefore, the plaintiff did not make out a case in negligence against Costain.

Parties
Appellant: Mr Saggus; Respondent: Costain Australia Ltd
Jurisdiction
Australia
Judgment Date
22 May 1997
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Negligence, Personal Injury, Noise Induced Hearing Loss, Tinnitus
Tort Law Negligence Personal Injury Noise Induced Hearing Loss Tinnitus

Case Brief

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Parties

Mr Saggus

Appellant

Costain Australia Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the plaintiff's hearing loss was caused during his employment with Costain.
  2. 2 Whether the plaintiff's tinnitus was caused by employment with Costain.

Ratio Decidendi

The Court was not satisfied, on the evidence, that the hearing loss or tinnitus suffered by the plaintiff was caused during his employment with Costain; therefore, the plaintiff did not make out a case in negligence against Costain.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs