Saratoga Holdings to defend more than $300,000 claim

The world’s largest macadamia grower claims a worker, whose arm was cut off in a gruesome farm accident, is partly to blame for the life-changing clash with machinery.

News 9.5.14 Aus. Phil Zadro,81, owner of Hinkler Park Plantations, worlds largest Macadamia nut producer. Pic John Wilson. Aus use only fee applies other mastheads.

Saratoga Holdings will defend a civil case in the Supreme Court of Queensland brought by a worker whose arm was severed in an accident at one of its macadamia farms.

It comes just weeks after the world’s largest macadamia grower was fined thousands of dollars after being found guilty of a number of workplace health and safety breaches in Bundaberg Magistrates Court.

This included the incident where British backpacker Liam Downer’s arm was partially amputated by a piece of machinery.

According to court documents, on August 27, 2018 on Gordon’s Farm, Alloway, another worker, Ivan Rollings was operating a tractor with large metal blades on the skirter when it collided with an ATV being operated by Mr Downer, now 28.

Mr Downer’s left forearm was amputated during the collision, and he also sustained scarring to his leg while trying to salvage his arm.

He was 25 at the time and had worked as a dental technician in the UK after completing his apprenticeship in the field.

Mr Downer is now seeking more than $300,000 compensation for general damages, loss of work, future loss of work, superannuation and medical costs such as prosthetics and ongoing prosthetic maintenance.

Saratoga Holdings intends to argue the amount is “excessive” and claims it’s “not probable the Plaintiff will remain in Australia and there should be no award for superannuation”.

It has instead agreed to pay a sum of around $88,912.50.

Saratoga claims if Mr Downer returns to the UK, he will be provided with free prosthetics and medical treatment under the UK’s National Health Service (NHS), but admits that if he chooses to stay in Australia, he will not have access to those benefits and “should be entitled to an allowance for reasonable future prosthetics throughout his life.”

The company will further argue that Mr Downer was provided with instruction and training from Ivan Rollings and Earl Yandell, and that he was not allowed to use the ATV until both men were satisfied he knew how to use it.

It will claim Mr Downer was wearing headphones connected to his mobile phone at the time of operating the ATV and if he had been found doing this, he would have been stopped and reprimanded.

The company admits in the court documents the “collision occurred due to negligence of the employer, it’s servants or agents” but claims Mr Downer’s “own actions substantially contributed to the collision namely, driving the ATV at a speed which was excessive and contrary to his training and instruction, failing to keep any or any proper lookout and wearing headphones which reduced his ability to hear the skirter, contrary to his training and instruction.”

It is unknown when the case will return to court.