Henderson v Dalrymple Bay Coal Terminal

CITATION:

Henderson v Dalrymple Bay Coal Terminal [2005] QSC 124

PARTIES:

LEX WARREN HENDERSON

(Plaintiff)

v  

DALRYMPLE BAY COAL TERMINAL

(Defendant)

FILE NO:

S88/2004

DIVISION:

Trial Division

DELIVERED ON:

13^th of May 2005

DELIVERED AT:

Rockhampton

HEARING DATES:

15-16 February 2005

JUDGE:

Dutney J

ORDERS:

Judgment for the plaintiff against the defendant in the sum of $139,814.17.

CATCHWORDS:

NEGLIGENCE – LIABILITY FOR OTHER’S NEGLIGENCE – where defendant failed to have in place any system to ensure that accessways are kept free of debris – whether failure to provide a safe system of work

NEGLIGENCE – CONTRIBUTORY NEGLIGENCE – where plaintiff failed to notice debris in accessways

DAMAGES – MEASURE OF DAMAGES – PERSONAL INJURY – quantum only – economic loss – where plaintiff now travels further to take up lighter duties – whether defendant required to pay for costs of travelling greater distance

Heil v Suncoast Fitness [2000] 2 Qd R 23, considered.

O’Brien v TF Woollam & Son Pty Ltd [2002] 1 Qd R 622, considered.
Percy v Central Control Financial Services Pty [2002] 1 Qd R 630, considered.
Schiliro v Peppercorn Child Care Centres Pty Ltd (No 2) [2001] 1 Qd R 518, considered.
Townsend v BBC Hardware [2003] QSC 15 at [19]-[29], considered.
Wynn v NSW Insurance Ministerial Corporation (1995) 184 CLR 485, applied.

WorkCover Queensland Act 1996 (QLD), ss 278, 315

Workplace Health and Safety Act 1995 (QLD), s 30(1)
Workplace Health and Safety Act 1989 (QLD), s 11

COUNSEL:

Mr G. F. Crow for the Plaintiff
Mr F. G. Forde for the Defendant

SOLICITORS:

Macrossan & Amiet Solicitors for the Plaintiff
McMahons National Lawyers for the Defendant

1. Mr Henderson was a coal sampler employed by Carbon Consulting International.  On 6 October, 2001 he was injured at the Dalrymple Bay Coal Terminal.  He was 44 years old.  His date of birth was 2 November, 1957.

1. Mr Henderson’s job required him to take samples of coal from the coal wagons on the particular train he was sampling.  He would then transport those samples to the coal testing facility where he would conduct his tests.

1. On the occasion relevant to this action, Mr Henderson was required to take samples from a train at “Rail Receival 1”.  Rail Receival 1 was the platform inside the receival shed from which a train on a particular track was accessed. 

1. Mr Henderson arrived at the rail receival shed at about 3:30 pm.  He backed his utility up to the doorway usually used for access.  As the train was already in the receival area and was accessible only from the side farthest away from him, Mr Henderson was unable to access the train by entering the shed directly and crossing the rail tracks as he normally would.  Instead, he walked around the front of his utility to a doorway further along the wall of the shed from the direction he had driven.  He then entered the shed and crossed the tracks over the waiting train by means of a bridge…