SUPREME COURT OF QUEENSLAND
CITATION:
Clark v Ernest Henry Mining Pty Ltd [2018] QSC 253
PARTIES:
RICHARD JOHN CLARK
(applicant/respondent)
v
ERNEST HENRY MINING PTY LTD (ACN 008 495 574)(respondent/applicant)
FILE NO/S:
No 601 of 2018
DIVISION:
Trial
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court at Rockhampton
DELIVERED ON:
7 November 2018
DELIVERED AT:
Brisbane
HEARING DATE:
29 October 2018
JUDGE:
Crow J
ORDER:
1. Application filed by the plaintiff on 3 October 2018 be dismissed.
2. Application filed by the defendant on 15 October 2018 be dismissed.
3. Trial is set for the civil sittings in the Rockhampton Supreme Court commencing 18 March 2019.
4. Liberty to apply.
CATCHWORDS:
PROCEDURE – SUPREME COURT PROCEDURE – JURISDICTION – CENTRAL REGION – where the plaintiff suffered a personal injury in the course of employment 38 kilometres north-east of Cloncurry – where the plaintiff filed a claim in the Supreme Court of Queensland in the Central Registry of Rockhampton – where the plaintiff does not live in Rockhampton – where the accident did not occur in the Central Region – whether the Rockhampton Supreme Court is the appropriate venue for the hearing of this matter
Evidence Act 1977 (Qld)
Supreme Court of Queensland Act 1991 (Qld) s 54(6)
Uniform Civil Procedure Rules 1999 (Qld) r 5, r 39
Workers’ Compensation and Rehabilitation Act 2003 (Qld)Anderson v Kenny [2002] QSC 99, considered
National Mutual Holdings Pty Ltd & Ors v The Sentry Corporation & Anor (1988) 19 FCR 155, consideredCOUNSEL:
M Horvath, with S Lamb for the applicant/respondent
R J Douglas QC for the respondent/applicant
SOLICITORS:
Quinn & Scattini Lawyers for the applicant/respondent
Barry Nilsson Lawyers for the respondent/applicant
On 27 November 2014, Mr Clark suffered personal injury in the course of his employment at the Ernest Henry Mine. The Ernest Henry Mine is an underground copper and gold mine located approximately 38 kilometres north-east of Cloncurry in north-west Queensland.
It is apparent that Mr Clark has sustained a serious injury and has undergone lower back surgery on two occasions, 26 February 2016 and 13 April 2016. In addition to his physical injuries, Mr Clark has suffered from a psychological injury. As a worker, Mr Clark was required to and has complied with the pre-court processes pursuant to the Workers’ Compensation and Rehabilitation Act 2003 (Qld). Pursuant to that regime, on 30 June 2018, a compulsory conference was attended, however the matter did not resolve.
On 2 August 2018 Mr Clark filed a claim in the Supreme Court of Queensland in the Central Registry of Rockhampton. Mr Clark does not live in Rockhampton, his accident did not occur in the Central Region, and he, nor any of the witnesses anticipated to be called in the trial have any connection with the Central Region.
By application filed 3 October 2018 Mr Clark seeks a declaration that the Rockhampton Supreme Court is the appropriate venue for the hearing of this matter. By cross-application filed by the defendant on 15 October 2018,…
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- AGLC
- Clark v Ernest Henry Mining Pty Ltd [2018] QSC 253
- Case
- [2018] QSC 253
- Decision Date
CaseChat Overview and Summary
The court examined the jurisdictional provisions of the Supreme Court Act 1991 (Qld) and concluded that the court had jurisdiction over the matter. The court determined that the location of the accident was not the determining factor for the court's jurisdiction. Instead, the court considered whether the injury occurred in the course of employment, which it found to be the case. The court also noted that the plaintiff's residence was not a decisive factor in determining the appropriate venue for the trial.
As a result, the court dismissed the applications filed by both parties and ordered that the trial proceed in the Rockhampton Supreme Court during the civil sittings starting on 18 March 2019. The court granted liberty to apply for further orders if necessary. This decision confirms that the Rockhampton Supreme Court has the jurisdiction to hear cases involving personal injuries sustained in the course of employment, regardless of the plaintiff's residence or the location of the accident.
Orders
Orders of the court
1. Application filed by the plaintiff on 3 October 2018 be dismissed.
2. Application filed by the defendant on 15 October 2018 be dismissed.
3. Trial is set for the civil sittings in the Rockhampton Supreme Court commencing 18 March 2019.
4. Liberty to apply.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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