Baker v Smith Snack Food Company Ltd [2009] NSWDC 11

New South Wales District Court

CITATION: Baker v Smith Snack Food Company Ltd [2009] NSWDC 11

HEARING DATE(S): 2 - 5, 13 February 2009

JUDGMENT DATE: 20 February 2009

JURISDICTION: Civil

JUDGMENT OF: Goldring DCJ

DECISION: Verdict for the plaintiff in the sum of $521,011.69

CATCHWORDS: MOTOR ACCIDENT - "injury" - MOTOR ACCIDENT - weight to be attached to documents of Medical Assessment Service - EVIDENCE - admissions - effect of acknowledgment by workers compensation insurer

LEGISLATION CITED: Motor Accidents Compensation Act 1999

Heuston v Yore Contractors Pty Limited (9 March 1992; BC9203270) Olsen v Identix Australia Pty Limited [2002] NSWSC 157 Pham v Shui [2006] NSWCA 373 CASES CITED: Fox v Wood (1981) 148 CLR 438 Woolage v New South Wales [2001] NSWCA 256 Watts v Rake (1960) 108 CLR 158 Purkess v Crittenden (1965) 114 CLR 164

PARTIES: David Baker (Plaintiff) Smith Snack Food Company Ltd (Defendant)

FILE NUMBER(S): 4820 of 2006

COUNSEL: A Lidden SC with E Welsh (Plaintiff) L T Grey (Defendant)

SOLICITORS: Bryden's Law (Plaintiff) Sparke Helmore Lawyers (Defendant)

JUDGMENT

Issues

1 David Baker says that on 27 February 2001, while he was at work as a warehouse operator in Smiths warehouse, he was involved in an accident, which exacerbated an injury to his left knee.

2 Smiths say that if there was an accident, first, it did not involve any breach of duty on its part towards Mr Baker, and, secondly, that even if there was a breach of duty, this was not causally related to Mr Baker's current condition.