Simcoe v SRA of NSW [1999] NSWSC 1275

New South Wales Supreme Court CITATION : Simcoe v SRA of NSW [1999] NSWSC 1275 CURRENT JURISDICTION : Common Law Division FILE NUMBER(S) : 20003 of 1996 HEARING DATE(S) : 10/02/1999 - 11/02/1999 JUDGMENT DATE : 22 December 1999

PARTIES : Ricky Shane Simcoe (plaintiff) State Rail Authority of New South Wales (defendant) JUDGMENT OF : Hidden J at 1

COUNSEL : J Glissan QC (plaintiff) R Sorby (defendant) SOLICITORS : Walker Smith Solicitors (plaintiff) Gillis Delaney Brown (defendant) CATCHWORDS : NEGLIGENCE - Action for damages for personal injury: industrial accident - contributory negligence - whether residual work capacity ACTS CITED : Workers Compensation Act 1987 CASES CITED : Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301 Sungravure Pty Ltd v Meani (1963-64) 110 CLR 24 DECISION : Judgment for plaintiff

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HIDDEN J Wednesday 22 December 1999

Ricky Shane Simcoe v State Rail Authority of NSW Reasons for judgment

1 HIS HONOUR : In these proceedings the plaintiff, Ricky Shane Simcoe, seeks damages for a personal injury arising from an accident which occurred in the course of his employment by the defendant, the State Rail Authority of New South Wales.

Background 2 The plaintiff, born on 3 January 1960, is now thirty-nine years old. He began employment with the defendant in 1981, at the age of twenty-one, as a labourer. It was his first and only job. He had left school at the age of fourteen, half-way through second form. His reading and writing were limited, and he did not pursue any further general education or undertake any trade course thereafter. 3 In the early 1980s he married and had two children. That marriage broke down, he was divorced, and he has had no contact with the two children in recent years. He later entered into his present de-facto relationship. That union produced one child and his partner has three children from a previous relationship, who live with them. 4 In December 1986 he injured his back quite seriously while surfing and required a spinal fusion. He was off work for about thirteen weeks, whereupon he gradually returned to his normal duties. It seems that he made a good recovery, although he occasionally experienced some pain or stiffness and he learnt to avoid bending and to be careful when lifting.