Duncombe v Riverina Meat Processors Pty Ltd [2009] NSWDC 272

New South Wales District Court

CITATION: Duncombe v Riverina Meat Processors Pty Ltd [2009] NSWDC 272

HEARING DATE(S): 15 October 2009

JUDGMENT DATE: 20 October 2009

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

DECISION: 1. Verdict and judgment for the plaintiff in the sum of $718,934; 2. Defendant to pay the plaintiff's costs.

CATCHWORDS: TORTS – negligence – work place injury – plaintiff suffered back injury whilst working on the production line in the boning room of an abattoir – default judgment entered - DAMAGES – assessment of multiple heads of damage

LEGISLATION CITED: Workers' Compensation Act 1987

CASES CITED: State of New South Wales v Moss [2000] NSWCA 133

PARTIES: Sharon Louise Duncombe (Plaintiff) Riverina Meat Processors Pty Ltd (Defendant)

FILE NUMBER(S): 1969 of 2008

COUNSEL: Ms E Beilby (Plaintiff) No appearance for defendant

SOLICITORS: Stacks/Goudkamp (Plaintiff) No appearance for defendant

JUDGMENT

Nature of case

1. The plaintiff sustained a significant back injury in the course of her employment with Riverina Meat Processors Pty Ltd. The injury occurred between 12 May 2005 and 4 June 2005 as a result of the plaintiff being required to perform heavy and repetitive manual work, handling large items of packaged meat at the defendant's abattoir and meat packing plant. The plaintiff has obtained default judgment and the case proceeded to an assessment of her entitlement to damages.

Assessed heads of damage

2. A total of ten claimed heads of damage required assessment. These are listed below together with paragraph references:

Head of Damage Paragraphs (a) Non economic loss [12] (b) Past loss of earnings [13] - [14] (c) Future loss of earning capacity [15] - [16] (d) Fox v Wood [17] (e) Past loss of superannuation benefits [18] (f) Future loss of superannuation benefits [19] (g) Past domestic care [20] (h) Future domestic care [21] (i) Future treatment [22] (j) Past out-of-pocket expenses [23]