JENKINS -v- WMC RESOURCES LTD [1999] WASCA 171

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[1999] WASCA 171
Court:	THE FULL COURT (WA)
Case No:	SJA:1088/1998	Heard:	10 JUNE 1999
Coram:	PIDGEON J ANDERSON J STEYTLER J	Delivered:	10/09/99
No of pages:	13	Judgment Part:	1 of 1
Result:	Appeal allowed
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Parties:	BRYAN ROBERT JENKINS WMC RESOURCES LTD
Catchwords:	Evidence Mechanical records National Measurement Act 1960 (Cth), s 10 and s 3 Meaning of "Australian legal unit of measurement" Where physical quantity measured by combination of units Combination of units only "Australian legal unit of measurement" if particular combination prescribed in relation to particular physical quantity measured Micrograms per cubic metre of dry air at zero degrees Celsius and 1 atmosphere pressure not an "Australian legal unit of measurement" of concentration of sulphur dioxide
Legislation:	Environmental Protection Act 1986, s 6 National Measurement Act 1960 (Cth), s 3, s 7A, s 7B and s 10
Case References:	Breedon v Kongras (1996) 16 WAR 66 Mitchell v W S Kimpton & Sons Pty Ltd [1971] VR 583 Porter v Kolodzeij [1962] VR 75 Re Appeal of White (1987) 9 NSWLR 427 Willing v Ewens (1973) 7 SASR 231 Dempster v National Companies and Securities Commission (1993) 9 WAR 215 Radalj v Taylor (1997) 98 A Crim R 170 Rumsley v Taylor (1997) 142 FLR 312

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : JENKINS -v- WMC RESOURCES LTD [1999] WASCA 171 CORAM : PIDGEON J

ANDERSON J

STEYTLER J

HEARD : 10 JUNE 1999 DELIVERED : 10 SEPTEMBER 1999 FILE NO/S : SJA 1088 of 1998 BETWEEN : BRYAN ROBERT JENKINS

Appellant (Complainant)

AND

WMC RESOURCES LTD

Respondent (Defendant)

Catchwords:

Evidence - Mechanical records - National Measurement Act 1960 (Cth), s 10 and s 3 - Meaning of "Australian legal unit of measurement" - Where physical quantity measured by combination of units - Combination of units only "Australian legal unit of measurement" if particular combination prescribed in relation to particular physical quantity measured - Micrograms per cubic metre of dry air at zero degrees Celsius and 1 atmosphere pressure not an "Australian legal unit of measurement" of concentration of sulphur dioxide

Legislation:

Environmental Protection Act 1986, s 6

National Measurement Act 1960 (Cth), s 3, s 7A, s 7B and s 10

(Page 2)

Result:

Appeal allowed

Representation:

Counsel:

Appellant (Complainant) : Mr R M Mitchell

Respondent (Defendant) : Mr M J McCusker QC & Mr A J Power

Solicitors:

Appellant (Complainant) : State Crown Solicitor

Respondent (Defendant) : Jackson McDonald

Case(s) referred to in judgment(s):

Breedon v Kongras (1996) 16 WAR 66
Mitchell v W S Kimpton & Sons Pty Ltd [1971] VR 583
Porter v Kolodzeij [1962] VR 75
Re Appeal of White (1987) 9 NSWLR 427
Willing v Ewens (1973) 7 SASR 231

Case(s) also cited:

Dempster v National Companies and Securities Commission (1993) 9 WAR 215
Radalj v Taylor (1997) 98 A…

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 Jenkins v WMC Resources Ltd

Details

AGLC: Jenkins v WMC Resources Ltd [1999] WASCA 171
Case: [1999] WASCA 171
Decision Date: 10 SEPTEMBER 1999

CaseChat Overview and Summary

The case of Jenkins v WMC Resources Ltd was heard by the High Court of Australia. The dispute centred on the interpretation of the National Measurement Act 1960 (Cth), specifically the definitions of "Australian legal unit of measurement" in sections 10 and 3. The plaintiff, Jenkins, brought the case against WMC Resources Ltd, arguing that the company's measurement of sulphur dioxide concentration was not in compliance with the Act. The central issue was whether the measurement unit used by the defendant, micrograms per cubic metre of dry air at zero degrees Celsius and 1 atmosphere pressure, constituted an "Australian legal unit of measurement" for the concentration of sulphur dioxide.

The court was tasked with determining the precise meaning of the term "Australian legal unit of measurement" as it applied to the measurement of physical quantities. The High Court held that a combination of units could only be deemed an "Australian legal unit of measurement" if that particular combination was prescribed in relation to the specific physical quantity being measured. In this instance, the court concluded that the measurement unit used by WMC Resources Ltd did not meet the criteria set out in the Act. The combination of units used did not correspond to a prescribed "Australian legal unit of measurement" for the concentration of sulphur dioxide.

As a result of the court's reasoning, the appeal was allowed. The decision underscored the importance of adhering to prescribed units of measurement as outlined in the National Measurement Act 1960 (Cth). This ruling serves as a reminder for companies to ensure their measurement practices comply with legislative requirements to avoid similar legal challenges in the future.

Orders

Orders of the court

Appeal allowed

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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