BRAMBLES (AUST) LTD v KENNETH JOHN IVES [2001] NSWCA 331

New South Wales Court of Appeal

CITATION : BRAMBLES (AUST) LTD v KENNETH JOHN IVES [2001] NSWCA 331 revised - 10/10/2001 FILE NUMBER(S) : CA CA 41047/00 HEARING DATE(S) : 17/09/2001 JUDGMENT DATE : 17 September 2001

PARTIES : BRAMBLES (AUST) LTD v KENNETH JOHN IVES JUDGMENT OF : Ipp AJA at 1; Sperling J at 45

LOWER COURT JURISDICTION : District Court LOWER COURT DC 5891/98 FILE NUMBER(S) : LOWER COURT Solomon DCJ JUDICIAL OFFICER :

COUNSEL : G.M. Watson / J.L. Fredman - Appellant R.P. McLoughlin SC / M.J. Ward - Respondent SOLICITORS : Ebsworth & Ebsworth - Appellant Ward Maxwell & Co - Respondent

DECISION : Appeal dismissed with costs.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41047/00 DC 5891/98 IPP AJA SPERLING J

MONDAY, 17 SEPTEMBER, 2001 BRAMBLES (AUSTRALIA) LTD T/AS CLEANWAY MUNICIPAL SERVICES v KENNETH JOHN IVES

Judgment 1 IPP AJA: This is an appeal against an assessment of damages by Solomon DCJ. The respondent was the plaintiff in an action brought against the appellant as the defendant in respect of injuries he sustained in an industrial accident. The accident occurred on 15 August 1995 while the respondent was employed with the appellant. In consequence of the accident the respondent's right hand became caught in the machinery conveyor belt and was seriously injured. 2 He suffered a crush injury of the right middle ring and little finger, a traumatic amputation of the tip of the right little finger, a compound fracture of the distal phalanx of the right ring finger, loss of a distal third of the distal phalanx of the right ring finger and he required an arthrodesis of the DIP joint. 3 The respondent now has an impaired use of his right hand. He has reduced grip and strength in that hand, has altered sensation to the fingertips and has pain in the fingers. 4 In addition, the respondent suffered psychiatric injuries. Solomon DCJ found that these resulted in the respondent suffering from a significant psychiatric disability. 5 His Honour's findings in this regard were as follows:- "I am satisfied that he suffers from significant psychiatric impairment as a result of this accident and that the condition ebbs and flows. The plaintiff was able to cope well prior to the accident despite his difficult and dysfunctional past. However, since the accident the plaintiff has had difficulty in maintaining his psychiatric equilibrium. The plaintiff does not manifest any signs of malingering. I regard him as well motivated. The plaintiff will continue in my view to suffer from the psychiatric disabilities caused by this action into the future. As a result of the psychiatric disabilities the plaintiff will have difficulty in obtaining and maintaining employment. Additionally, the plaintiff will have a reduced enjoyment of his life." 6 The damages assessed by Solomon DCJ were as follows:-