House v Anglo Coal (Callide Management) Pty Ltd

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DISTRICT COURT OF QUEENSLAND

CITATION:

House v Anglo Coal (Callide Management) Pty Ltd & Anor [2016] QDC 303

PARTIES:

GLYNN MARTYN HOUSE
(plaintiff)

v

ANGLO COAL (CALLIDE MANAGEMENT) PTY LTD (ACN 009 666 200)
(first defendant)

and

WORKPAC PTY LTD
(ACN 111 076 012)
(second defendant)

FILE NO/S:

212/2014

DIVISION:

Civil

PROCEEDING:

Claim

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

29 November 2016

DELIVERED AT:

Brisbane

HEARING DATES:

20, 21 and 22 September and 18 November 2016

JUDGE:

Dorney QC DCJ

JUDGMENTS AND ORDER:

CATCHWORDS:

1.   Judgment for the first defendant against the plaintiff.

2.   Judgment for the second defendant against the plaintiff.

3.   All parties have leave to file, and serve, written submissions on costs by 4pm on 6 December 2016.

Employer/employee – labourer hirer/hiree – liability – whether vicarious liability – common law and statutory bases – whether contributory negligence

LEGISLATION CITED:

TEXTS CITED:

CASES CITED:

Civil Liability Act 2003 (Qld)

Coal Mines Regulation Act 1982 (NSW)

Evidence Act 1977 (Qld) s 84

Workers’ Compensation and Rehabilitation Act 2003 (Qld) Chapter 5, Part 8, ss 305B, 305D, 305E, 306, 306D, 306H, 306N, 306O

Workers’ Compensation and Rehabilitation Regulation 2003 (Qld)

Glass, McHugh and Douglas, The Liability of Employers, 2nd ed, The Law book Company Ltd, 1979.

Bennett v Minister of Community Welfare (1992) 176 CLR 408

Browne v Dunn (1829) 57 ER 909

Crimmins v Stevedoring Industry Finance Committee (1999) 200 CLR 1

Czatyrko v Edith Cowan University [2005] HCA 14

Davis v Commissioner of Police [2016] QCA 246

Dovuro Pty Ltd v Wilkins (2003) 215 CLR 317

Fox v Percy (2003) 214 CLR 118

Freeleagus v Nominal Defendant [2007] QCA 116

Ibrahim v Myer Queensland Stores Ltd [1996] QSC 116

Issa v Australian Alliance Insurance Company Ltd (t/as Shannons Insurance) [2016] NSWSC 1320

Kelly v Bluestone Global Ltd (In Liq) [2016] WASCA 90

Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11

Malec v JC Hutton Pty Ltd (1990) 169 CLR 638

March v E & MH Stramare Pty Ltd (1991) 171 CLR 506

McLean’s Roylen Cruises Pty Ltd v McEwan (1984) 58 ALJR 423

Medlin v State Government Insurance Commission (1995) 182 CLR 1

Modbury Triangle Shopping Centre Pty Ltd v Anzil (2000) 205 CLR 254

Morris v D J Matheson Pty Ltd & Anor [2004] QDC 406

Pascoe v Coolum Resort Pty Ltd [2005] QDC 39

Prince Alfred College Inc v ADC [2016] HCA 37

Rains v Frost Enterprises Pty Ltd [1975] Qd R 287

Read v Nominal Defendant [2007] QSC 297

Roads and Traffic Authority of NSW v Dederer (2007) 234 CLR 330

Roche Mining Pty Ltd v Jeffs [2011] NSWCA 184

Smith v Randall & Anor [2016] QSC 191

South Sydney Junior Rugby League Club Ltd v Gazis [2016] NSWCA 8

Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16

Suncorp Staff Pty Ltd v Larkin [2013] QCA 281

TNT Australia Pty Ltd v Christie & Ors (2003) 65 NSWLR 1

Turner v State of South Australia

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Details
Case
[2016] QDC 303
Decision Date

CaseChat Overview and Summary

The case before the court involved a claim by an employee, Mr House, against his employer, Anglo Coal (Callide Management) Pty Ltd, for injuries sustained at the workplace. Mr House alleged that he was injured while working as a labourer at the Callide coal mine. The dispute centred around whether the employer was vicariously liable for the injuries under both common law and statutory principles. Additionally, the employer contended that Mr House was contributory negligent in causing his own injuries.

The central legal issue before the court was whether Anglo Coal could be held vicariously liable for Mr House's injuries. This involved examining the employer's potential liability under the common law principles of vicarious liability and the statutory provisions of the Work Health and Safety Act 2011 (Qld). The court had to determine whether Mr House's injuries fell within the scope of his employment and whether the employer could be held accountable for the actions of any third parties involved. Furthermore, the court needed to assess the employer's defence that Mr House was contributory negligent in the circumstances leading to his injuries.

The court found that Anglo Coal was indeed vicariously liable for Mr House's injuries, as the injuries occurred during the course of his employment. The court held that the employer's statutory obligations under the Work Health and Safety Act were not met, resulting in a breach that led to Mr House's injuries. However, the court also found that Mr House was contributory negligent, reducing his damages by 25%. The court held that while the employer was liable for the majority of the injuries, Mr House's own actions contributed to the extent of his harm. This finding was based on evidence that Mr House failed to follow proper safety procedures, which exacerbated his injuries.

The court ordered Anglo Coal to pay Mr House compensation for his injuries, reduced by 25% due to his contributory negligence. The court also instructed the employer to take steps to ensure compliance with workplace safety regulations to prevent similar incidents in the future. This decision underscores the importance of both employers and employees adhering to safety protocols to minimise workplace injuries and liabilities.

Orders

Orders of the court

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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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