Event and Time
Event Description
- Incident Date: 2 April 2015
- Location: Saleyards operated by the second defendant in Corowa, NSW.
- Injury: The plaintiff, while loading sheep into a livestock truck, was struck by an ewe, causing injuries to her left arm and hand along with consequential injuries.
Application and Claims
- Plaintiff's Position: The plaintiff seeks a trial by judge alone, arguing that the complexity of legal issues arising from the involvement of two defendants in different jurisdictions justifies this request.
- First Defendant's Position: The first defendant insists on a jury trial pursuant to Order 47 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic).
- Second Defendant's Position: Supports the plaintiff's application to have the trial conducted by a judge alone.
Dispute Points and Legal Basis
Dispute Points
- Claims:
- Plaintiff claims damages for negligence and breach of statutory duty against both defendants. - First defendant (employer): liability based on breaches of Occupational Health and Safety Regulations (Vic). - Second defendant (occupier): liability based on negligence under the Civil Liability Act (NSW).
- Arguments:
- Plaintiff warns that a jury trial could lead to confusion due to differing statutory obligations from each jurisdiction. - First defendant maintains that juries are adept at handling such conventional negligence cases.
- Evidence & Reasoning:
- Plaintiff has received compensation under the Workplace Injury Rehabilitation and Compensation Act (WIRC Act) and holds a serious injury certificate. - Jurisdictional complexities highlighted include different assessments of damages and availability of claims under relevant laws of Victoria and New South Wales (NSW).