Eastern Australian Airlines Pty Ltd v Cameron [2000] NSWCA 304

New South Wales Court of Appeal

CITATION : Eastern Australian Airlines Pty Ltd v Cameron [2000] NSWCA 304 FILE NUMBER(S) : CA 40157/99 HEARING DATE(S) : 27 October 2000 JUDGMENT DATE : 27 October 2000

PARTIES : Eastern Australian Airlines Pty Ltd (Appellant) Anthony Cameron (Respondent) JUDGMENT OF : Handley JA at 71, 73; Powell JA at 72; Heydon JA at 1

LOWER COURT JURISDICTION : District Court LOWER COURT DC 14/98 FILE NUMBER(S) : LOWER COURT Delaney DCJ JUDICIAL OFFICER :

COUNSEL : L King SC/J A Kernick (Appellant) R S McIlwaine SC/P J O'Connor (Respondent) SOLICITORS : P W Turk & Associates (Appellant) Lyons Barnett Kennedy (Respondent)

LEGISLATION CITED : Workers Compensation Act 1987 DECISION : See paragraph 73

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40157/99 DC 14/98

HANDLEY JA POWELL JA HEYDON JA

Friday, 27 October 2000

EASTERN AUSTRALIA AIRLINES v CAMERON JUDGMENT

1 HEYDON JA: Background

This is an appeal by the defendant from a verdict and judgment for the plaintiff in the sum of $810,841.13 given by Delaney DCJ on 3 March 1999 after a trial conducted on 1 and 2 March 1999. 2 On 15 November 1995 the plaintiff was, as he had been for about seven weeks, employed as a trades assistant by the defendant. The defendant conducted a paint shop for aeroplanes at its hangar 2 at Tamworth Airport. The plaintiff had been requested to assist in the stripping of paint from an aircraft and was engaged in that work when he slipped and fell at least 3.2 metres from the top of the fuselage to the floor below via a stand which he hit on the way down. 3 The defendant admitted a breach of its duty of care. It alleged that the plaintiff's injuries had been caused by his contributory negligence. 4 The trial judge found that there was no contributory negligence and that the accident resulted from an "inadvertent slip" by the plaintiff while concentrating on unmasking the plane. 5 The plaintiff suffered "most horrific injuries to his wrists" (Red 17T). Despite considerable surgery, his injuries have led to a permanent condition of stiffness and weakness; moderate constant pain and discomfort in both wrists, worsening in cold or cloudy weather; and a reduction in his earning capacity to a small level. 6 The defendant appeals against the trial judge's orders both in relation to the contributory negligence finding and in relation to various aspects of the damages award.