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Koljibabic v WMC Resources Ltd

Koljibabic v WMC Resources Ltd

Case [2001] WADC 286 20 December 2001

Jurisdiction

Statutory Interpretation

Civil Litigation & Procedure

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JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CHAMBERS

LOCATION: PERTH

CITATION: KOLJIBABIC -v- WMC RESOURCES LTD [2001] WADC 286

CORAM: O'SULLIVAN DCJ

HEARD: 21 NOVEMBER 2001

DELIVERED : 20 DECEMBER 2001

FILE NO/S: CIV 883 of 1998

BETWEEN: SLOBODAN KOLJIBABIC
Respondent (Plaintiff)
AND
WMC RESOURCES LTD
Appellant (Defendant)

Catchwords:

Statutes - Interpretation - Prohibition of commencement of proceedings without the leave of the District Court - Whether applicable to proceedings against principal with which a worker's employer contracts

Legislation:

Workers' Compensation and Rehabilitation Act (1981), s 93B, s 93D(4), s 175

Result:

Appeal dismissed

Representation:

Counsel:

Respondent (Plaintiff) : Mr G R Hancy
Appellant (Defendant) : Mr D J Bishop

Solicitors:

Respondent (Plaintiff) : Slater & Gordon
Appellant (Defendant) : Clayton Utz

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

Bird v The Commonwealth (1988) 165 CLR 1
Midgley v Monger, The Director Conciliation and Review Directorate [2000] WASC 291

Case(s) also cited:

Commonwealth of Australia v SCI Operations Pty Ltd (1998) 192 CLR 285
Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (Cth) (1981) 147 CLR 297
Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87
James v Cowan (1930) 43 CLR 386
Mills v Meeking (1990) 91 ALR 16
Muller v Dalgety & Co Ltd (1909) 9 CLR 693
Newcombe v AME Properties Ltd (1995) 14 WAR 259
Pountney v Griffiths [1976] AC 314
Re Monger; ex parte Rock Engineering (Aust) Pty Ltd, unreported; FCt SCt of WA; Library No 980013; 22 January 1998
Rothmans of Pall Mall (Overseas) Ltd & Ors v Saudi Arabian Airlines Corporation [1981] QB 368
Webster v Lampard (1993) 177 CLR 598

O'SULLIVAN DCJ: This is an appeal from a decision of a Registrar of this court dismissing an application by the appellant (defendant) to have the writ herein set aside for want of jurisdiction. As such the matter comes before me to be decided afresh.
The plaintiff claims to have suffered injury from exposure to fumes while working at the defendant's mine and nickel smelter located near Kalgoorlie. He seeks damages for negligence and breach of statutory duty. The writ was filed on 19 March 1998 without leave of this court which the appellant unsuccessfully argued was necessary pursuant to s 93D(4) of the Workers Compensation and Rehabilitation Act 1981 ("the Act").
By his re‑amended statement of claim the plaintiff defines the defendant's mine and/or nickel smelter as "the premises" and then pleads that at them:
"(i)the defendant conducted mining operations within the meaning of the Mines Safety and Inspection Act 1994;
(ii)in the course of those operations it engaged contractors including the plaintiff's employer Ralph M Lee and coordinated their activities;
(iii)the plaintiff in consequence of the above was a lawful entrant between 31 May 1996 and 30 July 1996 as a full time electrician;
(iv)the work on which the plaintiff was engaged and the work in which Ralph M Lee had contracted with the defendant related to matters over which the defendant had control or, but for the…

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 Koljibabic v WMC Resources Ltd

Details

AGLC: Koljibabic v WMC Resources Ltd [2001] WADC 286
Case: [2001] WADC 286
Decision Date: 20 DECEMBER 2001

CaseChat Overview and Summary

In the matter of Koljibabic v WMC Resources Ltd, the dispute arose from the claimant's employment-related injury and subsequent legal proceedings. The claimant sought damages from the defendant employer, WMC Resources Ltd, and the principal company with which the employer had contracted. The District Court of Western Australia was tasked with determining whether the statutory prohibition on commencing proceedings without leave applied to the proceedings against the principal company. The central legal issue was whether the statutory prohibition on initiating proceedings without the leave of the District Court extended to actions against a principal company with which the employer contracts.

The court examined the statutory language and legislative intent to ascertain the scope of the prohibition. It considered the context in which the statute was enacted and whether the prohibition was intended to apply solely to the employer or if it also encompassed any principal companies involved in the contractual relationship. The court concluded that the statutory prohibition on commencing proceedings without leave was not intended to extend to actions against principal companies with which the employer contracts. The court reasoned that the statutory language and legislative purpose did not support such an expansive interpretation, and it would be incongruous to interpret the statute in a manner that would potentially deprive injured workers of their right to seek redress against those who may be liable for their injuries.

Consequently, the court found in favour of the claimant, allowing the proceedings against the principal company to proceed. The court held that the statutory prohibition on commencing proceedings without leave did not apply to actions against principal companies, thereby preserving the claimant's right to seek damages from all potentially liable parties. The final orders of the court permitted the claimant to continue with the proceedings against the principal company, affirming the claimant's right to pursue compensation from all relevant parties involved in the contractual relationship.

Orders