Fry v Ravensworth Operations Pty Limited [2019] NSWDC 648

District Court New South Wales

Medium Neutral Citation: Fry v Ravensworth Operations Pty Limited [2019] NSWDC 648 Hearing dates: 3 and 4 September 2019 Date of orders: 10 September 2019 Decision date: 10 September 2019 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the defendant. (2) Costs reserved. Catchwords: TORTS – negligence – industrial accident – front end loader – missing grate – fall whilst conducting safety inspection – contributory negligence – momentary inadvertence – momentary blindness – causation – hip injury – shoulder injury – damages Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946, s 5 Workers Compensation Act 1987, s 151E, s 151F, s 151G Cases Cited: Grima v RFI (Aust) Pty Ltd [2014] NSWCA 345 Leslie Corbett v South 32 Limited (No 2) [2018] NSWDC 232 Mason v Demasi [2009] NSWCA 227 Podrebersek v Australian Iron & Steel Pty Ltd [1985] HCA 34 South 32 Ltd v Allfab Constructions Pty Ltd [2019] NSWCA 132 Category: Principal judgment Parties: Russell Fry (plaintiff) Ravensworth Operations Pty Limited (defendant) Representation: Counsel: Mr B Kelleher (plaintiff) Mr L King SC (defendant)

Solicitors: Burke & Mead Lawyers (plaintiff) Sparke Helmore Lawyers (defendant) File Number(s): 2018/317007 Publication restriction: None

Judgment

1. INTRODUCTION 1. Russell Fry was injured at work when he fell through a hole whilst on a large front end loader. A missing metal grate was the cause of the hole. Mr Fry sues his employer, Ravensworth Operations Pty Limited, for damages.