Tabcorp Holdings Ltd v Dank

• 1. Tort Law
  2. › Negligence
  3. › Duty of care
  4. › Employer and employee
  5. › Reasonable foreseeability of injury
  6. › Manual handling
  7. › Lifting injury in workplace
  8. › Whether risk of injury from lifting box was reasonably foreseeable
  9. › Whether employer failed to provide training or instructions
• 1. Statutes
  2. › Breach of statutory duty
  3. › Workplace health and safety
  4. › Employer's obligation to ensure workplace health and safety
  5. › Whether employer discharged obligation under s 22(1)(b)
  6. › Whether defence under s 37(1)(c) established
  7. › Workplace Health and Safety Act 1995 (Qld), ss 22(1)(b), 27(3), 28(1), 37(1)(c)
• 1. Damages
  2. › Personal injuries
  3. › Loss of earning capacity
  4. › Assessment by reference to impaired capacity in chosen career
  5. › Whether trial judge erred in not assessing by reference to unimpaired capacity in former career
  6. › Mitigation of loss
  7. › Reasonableness of change of career
• 1. Appeal
  2. › General civil appeal
  3. › Appellate review of findings of fact
  4. › Advantage of trial judge in assessing oral evidence

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