Aldridge v Marr Contracting Pty Ltd [2013] NSWDC 290

District Court New South Wales

Medium Neutral Citation: Aldridge v Marr Contracting Pty Ltd [2013] NSWDC 290 Decision date: 22 August 2013 Before: Cogswell SC DCJ Decision: Verdict and judgment for the plaintiff against the defendant in the figure of $271,950. Catchwords: CIVIL LAW - Torts - negligence - dogman rigger suffered severe hand injury on building site - breach of duty of care to employees - failure to provide appropriate equipment - no contributory negligence - Damages - reduction in working capacity - significant reduction in earning capacity. Cases Cited: Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301. Bourke v Butterfield and Lewis Ltd [1926] HCA 38; (1927) 38 CLR 354. Czatyrko v Edith Cowan University [2005] HCA 14; 79 ALJR 839. Ghunaim v Bart [2004] NSWCA 28; Aust Torts Reports 81-731. O'Connor v Commissioner for Government Transport (1954) 100 CLR 225. Smith v Brambles Australia Ltd [2011] NSWSC 963. Vairy v Wyong Shire Council [2005] HCA 62; 223 CLR 422. Category: Principal judgment Parties: Raymond Aldridge (Plaintiff) Marr Contracting Pty Ltd (Defendant) Representation: Counsel: H Kelly SC, G Wilson (Plaintiff) D Kelly (Defendant) File Number(s): DC 2012/00002871

Judgment

Introduction 1Since he left school in year 10, Raymond Aldridge has worked in the building industry. He trained for a trade and became a ticketed dogman rigger. He has had a good career in that industry, but had an accident at work on 18 December 2008. The accident caused a severe injury to his right hand and he was forced off work for a few months. Despite the injury Mr Aldridge got back to work in his trade but found he was more restricted in what he could do and he thought that those restrictions were producing a loss in income. 2Accordingly he sued the person he was employed by when he was injured. That person was a company called Marr Contracting Pty Ltd. Mr Aldridge says that the injury that happened to him was caused by Marr Contracting's negligence and that he should be awarded damages for his reduced earning capacity.