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Duffin v Mount Arthur Coal Pty Ltd

Duffin v Mount Arthur Coal Pty Ltd

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Case Copied 16 March 2020 69 min read

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Supreme Court

New South Wales

Medium Neutral Citation: Duffin v Mount Arthur Coal Pty Ltd [2020] NSWSC 229
Hearing dates: 25 - 29 March 2019; 9 & 11 September 2019
Date of orders: 16 March 2020
Decision date: 16 March 2020
Jurisdiction: Common Law
Before: Harrison AsJ
Decision:
THE COURT ORDERS THAT:
1) Judgment is entered for the plaintiff. The amount of damages is to be calculated by the parties and my arithmetic is to be checked.
Catchwords:
TORT – Negligence – Breach of duty – Liability – Plaintiff injured while driving a grader on a coal mine haul road – Whether the injury occurred due to collision with a lamination or a windrow

TORT – Negligence – Contributory negligence
DAMAGES – Assessment
Legislation Cited: Civil Liability Act 2002 (NSW), s 3B
Evidence Act 1995 (NSW), s 69
Work Health and Safety Act 2011 (NSW), ss 18, 19, 20
Workers Compensation Act 1987 (NSW), ss 151G, 151H, 151I, 151K, 151N
Cases Cited: Australian Securities and Investments Commission v Hellicar (2012) 247 CLR 345
Blatch v Archer (1774) 98 ER 969
Campton v Centennial Newstan Pty Ltd (No 3) [2015] NSWSC 410
Czatyrko v Edith Cowan University [2005] HCA 14
DC v State of New South Wales [2016] NSWCA 198
Dell v Dalton (1991) 23 NSWLR 528
Fabre v Arenales (1992) 27 NSWLR 437
Fox v Wood (1981) 148 CLR 438; [1981] HCA 41
Government Insurance Office (NSW) v Rosniak (1992) 27 NSWLR 665; [1992] Aust Torts Reports 81-178
Hann v Clarence Colliery [2012] NSWSC 475
Hirst v Sydney South West Area Health Service [2011] NSWSC 664
Jones v Dunkel (1959) 101 CLR 298
Kondis v State Transport Authority (1984) 154 CLR 672
Lee Transport Co v Watson (1940) 64 CLR 1; [1940] HCA 27
Lithgow City Council v Jackson (2011) 244 CLR 352
Malec v JC Hutton Pty Ltd (1990) 169 CLR 638; [1990] HCA 20
Mason v Demasi [2009] NSWCA 227
Mead v Kerney [2012] NSWCA 215
Najdovski v Crnojlovic [2008] NSWCA 175
New South Wales v Doherty [2011] NSWCA 225
O’Connor v Commissioner for Government Transport (1959) 100 CLR 225
Pamment v Pawelski (1949) 79 CLR 406; [1949] HCA 43
Podrebersek v Australian Iron & Steel Pty Ltd (1985) 59 ALR 529; (1985) 59 ALJR 492
Rail Corporation New South Wales v Donald [2018] NSWCA 82
Sharman v Evans (1977) 138 CLR 562; [1977] HCA 8
Category: Principal judgment
Parties: Gemma Ann Duffin (Plaintiff)
Mount Arthur Coal Pty Limited (Defendant)
Representation:
Counsel:
N Polin SC with M Best (Plaintiff)
M McCulloch SC with D Stanton (Defendant)
Solicitors:
Morgan + English (Plaintiff)
HWL Ebsworth Lawyers (Defendant)

File Number(s): 2016/70111
Publication restriction: Nil

Judgment

Witnesses
Background – pre-accident history
Employment at Mount Arthur Coal Mine

How did the accident occur on 6 March 2013?
The confidential report prepared by the defendant
Conversations between the plaintiff and Mr Seabrook after the accident
Post-accident
Evidence the defendant says supports its version of events
Mr…

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.

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Details

Case: [2020] NSWSC 229
Decision Date: 16 March 2020

CaseChat Overview and Summary

Duffin v Mount Arthur Coal Pty Ltd involved a dispute between the plaintiff, Duffin, and the defendant, Mount Arthur Coal Pty Ltd, concerning an injury Duffin sustained while operating a grader on a coal mine haul road. The central issue was whether Duffin's injury resulted from a collision with a lamination or a windrow, which had implications for determining liability and the degree of negligence. Additionally, the case addressed the question of contributory negligence and the appropriate assessment of damages.

The court had to ascertain the precise cause of Duffin's injury, which was pivotal in determining the defendant's liability. It needed to establish whether the injury was due to a lamination, which would imply a breach of duty by the defendant, or a windrow, which might suggest Duffin's contributory negligence. Furthermore, the court needed to evaluate the extent to which Duffin's own actions contributed to the accident and how this affected the quantum of damages.

In its reasoning, the court examined the evidence presented regarding the circumstances of the incident. It assessed the credibility of the witnesses and the factual findings to determine the cause of the injury. The court concluded that the injury was due to a collision with a lamination, which was the defendant's responsibility to maintain. Consequently, the defendant was found liable for the breach of duty. The court also found Duffin to be contributory negligent, which reduced the amount of damages awarded. Ultimately, the court quantified the damages based on the established liability and contributory negligence.

The final orders of the court held Mount Arthur Coal Pty Ltd liable for the injury caused by the lamination, with a reduction in damages due to Duffin's contributory negligence. The specific amount of damages was determined based on the court's assessment, reflecting both the defendant's liability and the plaintiff's contributory role.

Orders