Duca v Minproc Chemical Company Pty Ltd & Anor [1995] QSC 187

_I+_, State Reporting Bureau ~~'6~°' Sc_ °{ '5 I l'i>7 ( \ I \ TRANSCRIPT OF PROCEEDINGS (Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director. State Reporting Bureau.) ----~:::::.:::.~s7c1Q~c,~1Ji£E.jjD;----i~ SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION DEMACK J No 54 of 1993 MARIO ROBERT DUCA and MINPROC CHEMICAL COMPANY PTY LTD ACN 010 815 399 and MINPROC ENGINEERS PTY LTD ACN 008 992 694 No 36 of 1994 MARIO ROBERT DUCA and HOLTS CORROSION CONTROL PTY LTD ROCKHAMPTON r- .-.en CCP1<::. '""""' \ \ REV\ 0 ,---- • P.ureau •\. state Rep~\~g ~1 <j oate :) I <s' + Plaintiff Defendant Third Party Plaintiff Defendant 1 •• DATE 25/07/95 \ 1 .J_UDGMENT.f.:,_____ - / i v\J 1 4th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 227 4360. Facsimile: (07) 227 5532 -- 1 of 2 -- 250795 mmb (Demack J) HIS HONOUR: In these two actions the parties have reached agreement in respect of the measure of the plaintiff's damages. They have agreed that the measure of his damages in respect of both actions is $325,817.83. It is necessary, however, to apportion that damages to the two actions. Having read the material that was placed before the Court in the course of the opening it appears to me to be clear that the more serious injury was the second injury. After the first injury which was in the nature of a repetitive strain in the plaintiff's right hand and arm, the plaintiff was able to continue working even though surgery was not successful. He had reasonable expectations of continuing in work even though he would have lost some of his earning capacity. However, after the second accident he was quite seriously disabled and that disablement continues. 10 20 (~ 30 In the circumstances I am satisfied that the agreed assessment ~~. should be apportioned as to 40 per cent to the action against Holts Corrosion Control Pty Ltd and as to 60 per cent in the action against Minproc Chemical Company Pty Ltd. There will then be judgments in each action in accordance with the draft initialled by me and placed with the papers. ;I / ,·~r .. _,... .., / V JUDGMENT 2 •------------~---- \___,J 40 (_) 50 60 -- 2 of 2 --