Butt v Liebherr Australia Pty Limited

Link copied
Case Copied 73 min read

District Court


New South Wales

Medium Neutral Citation: Butt v Liebherr Australia Pty Limited [2015] NSWDC 3
Hearing dates:19 August 2014
Decision date: 02 February 2015
Jurisdiction:Civil
Before: Neilson DCJ
Decision:

Award for:

(a) $5,715.40 for 10.8% impairment of plaintiff’s neck;

(b) $7,408.80 for 7% loss of efficient use of plaintiff’s right arm at or above the elbow;

(c) $7938.00 for 10% impairment of plaintiff’s back;

(d) $11,907.00 under s 67 for pain and suffering resulting from those impairments and that loss.
Catchwords: WORKERS COMPENSATION – Coal miners – Whether plaintiff a coal miner for the purposes of Sch 6, Pt 18 of the Workers Compensation Act 1987 – Whether plaintiff was a worker employed in or about a coal mine
Legislation Cited: Coal Mines Regulation Act 1982
Evidence Act 1995
Uniform Civil Procedure Rules 2005
Workers Compensation Act 1926
Workers Compensation Act 1987
Workers Compensation (General) Regulation 1995
Workers Compensation Regulation 2003
Workers Compensation Regulation 2010
Cases Cited: Badior v Muswellbrook Crane Service Pty Ltd (2004) 2 DDCR 177
Baggs v Waratah Engineering Pty Ltd [2014] HCA Trans 108
Brown v Barnard and Brown Pty Ltd (1998) 17 NSWCCR 275
Benson v Lancashire and Yorkshire Railway Coy [1904] 1 AC 242
Ellavale Engineering Pty Ltd v Pilgrim [2005] NSWCA 272; (2005) 2 DDCR 744
Fekonja v Lucsan Pty Ltd (1994) 10 NSWCCR 339
Fenton v ATF Mining Electrics Pty Ltd (2004) 1 DDCR 744
Maurino v Amberlor Pty Ltd (1996) 14 NSWCCR 16
Nolan v Porter and Sons (1910) 2 BWCC 106 (Eng. CA).
Pilgrim v Ellavale Engineering Pty Ltd (2003) 25 NSWCCR 521
Presland v Ellavale Engineering Pty Ltd (2005) 3 DDCR 179
Roberts v Fuchs Lubricants (Australasia) Pty Ltd (2002) 24 NSWCCR 125
Select Civil (Kiama) Pty Ltd v Kearney [2012] NSWCA 320
Smith v Brown (1998) 16 NSWCCR 492
Weaver v Tredegar Iron and Coal Coy Ltd [1940] AC 955
Waratah Engineering Pty Ltd v Baggs [2013] NSWCA 427
Texts Cited: C P Mills, Workers Compensation New South Wales (2nd ed 1979, Butterworths)
Category:Principal judgment
Parties: Stanley George Butt (Plaintiff)
Liebherr Australia Pty Limited (Defendant)
Representation:

Counsel:
Mr D Benson (Plaintiff)
Mr M Newton (Defendant)

Solicitors:
Slater & Gordon (Plaintiff)
HWL Ebsworth (Defendant)
File Number(s):RJ261/13

Judgment

Cur Adv Vult

  1. By an amended statement of claim filed in court on 19 August 2014, the plaintiff claims:

(a) lump sum compensation under the Workers Compensation Act 1987, s 66, for:

(i) $6,350.40 for 12% impairment of his neck,

(ii) $10,584.00 for 10% permanent loss of efficient use of his right arm at or above the elbow, and

(iii) $7,938.00 for 10% permanent impairment of his back, and

(b) a lump sum under s 67 of that Act of $19,860.

The plaintiff relies on an injury which he received on 12 October 2010 on a journey to work on that day at the Mt Arthur open-cut coal mine near Muswellbrook. I would normally not reserve a judgment of this nature but I was…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Butt v Liebherr Australia Pty Limited and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2015] NSWDC 3
Decision Date

CaseChat Overview and Summary

The applicant, Mr. Butt, brought an application for workers compensation against his employer, Liebherr Australia Pty Limited, in relation to injuries sustained during his employment as a coal miner. The primary issue before the court was whether Mr. Butt qualified as a coal miner under Schedule 6, Part 18 of the Workers Compensation Act 1987, and whether he was considered a worker employed in or about a coal mine. The secondary issue was the assessment of compensation for the injuries claimed, including impairment and loss of use of his neck, right arm, and back, as well as pain and suffering.

The court examined the definition of a coal miner under the Act and the specific circumstances of Mr. Butt’s employment. It found that Mr. Butt's role involved activities integral to coal mining operations, thus satisfying the criteria for being a coal miner. The court further concluded that his employment was sufficiently connected to a coal mine, qualifying him for the benefits outlined in the Act. The assessment of compensation was based on the percentage of impairment and loss of use of specific body parts, as well as the statutory provision for pain and suffering. The court meticulously reviewed medical evidence and the relevant statutory provisions to determine the appropriate compensation amounts.

As a result, the court awarded Mr. Butt compensation for the injuries sustained, comprising $5,715.40 for 10.8% impairment of his neck, $7,408.80 for 7% loss of efficient use of his right arm at or above the elbow, $7,938.00 for 10% impairment of his back, and $11,907.00 for pain and suffering. The court ruled in favor of Mr. Butt, ensuring he received the compensation for his injuries under the Workers Compensation Act 1987.

Orders

Orders of the court

Award for:

(a) $5,715.40 for 10.8% impairment of plaintiff’s neck;

(b) $7,408.80 for 7% loss of efficient use of plaintiff’s right arm at or above the elbow;

(c) $7938.00 for 10% impairment of plaintiff’s back;

(d) $11,907.00 under s 67 for pain and suffering resulting from those impairments and that loss.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.