Clark v Ernest Henry Mining Pty Ltd - [2018] QSC 253

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, considered

COUNSEL:

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,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Clark v Ernest Henry Mining Pty Ltd

Details

AGLC: Clark v Ernest Henry Mining Pty Ltd [2018] QSC 253
Case: [2018] QSC 253
Decision Date: 7 November 2018

CaseChat Overview and Summary

In the case of Clark v Ernest Henry Mining Pty Ltd, the plaintiff, Clark, filed a personal injury claim against the defendant, Ernest Henry Mining Pty Ltd, in the Supreme Court of Queensland in the Central Registry of Rockhampton. Clark alleged that he was injured while working for the defendant. The court was required to determine whether it had the appropriate jurisdiction to hear the case, given that Clark did not reside in Rockhampton and the incident did not occur in the Central Region. The legal issue at the heart of the case was whether the Rockhampton Supreme Court was the correct venue for the hearing of this matter.

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

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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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, considered
COUNSEL:	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