Leigh Bilson, a vacuum truck operator employed by Vatsonic Communications Pty Ltd, suffered a significant workplace injury that led to functional blindness in his left eye. This incident occurred while Bilson was working on a site under contract with Townsville City Council, which involved cleaning concrete pits using specialized equipment provided by his employer and the Council. The lack of clear instructions and a system of work between Bilson and the Council's employees, who were also involved in the task, was a key issue in the case.
The court focused on whether Vatsonic Communications Pty Ltd and Townsville City Council had complied with their duties to provide a safe working environment and whether their failure to do so contributed to Bilson's injury. The court also examined the contractual relationship between Vatsonic Communications Pty Ltd and Townsville City Council, specifically the indemnity clauses and their implications for liability and compensation.
The judgment awarded Bilson damages against Vatsonic Communications Pty Ltd, factoring in the severe impact of the injury on his earning capacity, medical and future special damages, as well as past and future loss of superannuation.