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Stevens, James Thomas v DP World Melbourne Ltd (ACN 000 049 301) [2022] VSCA 285

NEGLIGENCE
Victorian Court of Appeal
Judge(s): 
Beach, Macaulay JJA and J Forrest AJA
Parties: 

Stevens, James Thomas v DP World Melbourne Ltd (ACN 000 049 301)

Judgment Date: 
21 December 2022
Catchwords: 

NEGLIGENCE - Workplace injury - Psychiatric injury - Alleged bullying - Whether judge erred in making credit findings unfavourable to plaintiff - Whether judge denied procedural fairness to plaintiff - Whether judge erred in not properly considering and analysing all of the evidence - Whether judge erred in not being satisfied that bullying occurred - Whether judge erred in not considering cumulative effect of incidents he found had occurred - Application for leave to appeal granted - Appeal allowed - Retrial ordered.

McLean v Tedman (1984) 155 CLR 306; Koehler v Cerebos (Australia) Ltd (2005) 222 CLR 44; Kozarov v State of Victoria [2022] HCA 12; and Bersee v State of Victoria [2022] VSCA 231, referred to.

Citation: