Blondel v Wesfarmers CSBP Ltd

[2004] WASCA 117

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Damages
2. › Assessment of damages
3. › Personal injury
4. › Workplace injury
5. › Whether trial judge's assessment manifestly inadequate
6. › Whether award outside limits of sound discretion
1. Negligence
2. › Breach of duty
3. › Employer's liability
4. › Employee voluntarily undertaking dangerous task
5. › Personal responsibility for own conduct
6. › Whether employer liable where employee was author of own misfortune
1. Appeal
2. › Standard of appellate review
3. › Findings of fact by trial judge
4. › Credibility findings
5. › Whether open to trial judge to prefer treating doctor's evidence over specialists reliant on plaintiff's history

Quick Take

An appellate court will not disturb a trial judge's preference for a treating doctor's contemporaneous evidence over specialists who examined the plaintiff years later and relied heavily on the plaintiff's self-reported history. Where an employee voluntarily undertakes a task known to be dangerous after receiving safety training, and is not directed by the employer to do so, the employee may be found to be the sole author of their own misfortune, relieving the employer of liability.