Phillips v Woolworths (Queensland) Pty Ltd [1999] NSWSC 678

Phillips v Woolworths (Queensland) Pty Ltd [1999] NSWSC 678

The defendant employer was negligent by failing to prevent a known hazard (leakage from chicken carcasses) which led to the plaintiff's injury. The risk was foreseeable and easily preventable; the plaintiff was not guilty of contributory negligence. Judgment is for the plaintiff for the total sum of $680,786.

Jurisdiction
Australia
Judgment Date
24 June 1999
Procedural Posture
Negligence Industrial Accident (employee Claim for Damages) / Judgment After Trial
Outcome
Judgment for the plaintiff
Legal Topics
['negligence' 'damages' 'industrial Injury' 'employer Liability']
['tort Law' 'employment Law'] ['negligence' 'damages' 'industrial Injury' 'employer Liability']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Negligence Industrial Accident (employee Claim for Damages) / Judgment After Trial

Legal Issues

  1. 1 ['Whether the defendant (employer) was negligent in causing injury to the plaintiff.' 'Whether the plaintiff was contributorily negligent.' 'Assessment of damages for personal injury arising from a workplace accident.']

Ratio Decidendi

The defendant employer was negligent by failing to prevent a known hazard (leakage from chicken carcasses) which led to the plaintiff's injury. The risk was foreseeable and easily preventable; the plaintiff was not guilty of contributory negligence. Judgment is for the plaintiff for the total sum of $680,786.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Defendant to pay plaintiff $680,786.' "Defendant to pay plaintiff's costs of action on an indemnity basis from 1 April 1999."]