London and West Australian Exploration Co Ltd v Ricci

The Supreme Court of Western Australia heard an appeal in *London and West Australian Exploration Co Ltd v Ricci*. The dispute concerned the liability of the appellant mining company for injuries sustained by the respondent, an employee, in a mining accident. The respondent alleged negligence on the part of the appellant, while the appellant sought to rely on the defence of common employment.

The central legal issue before the Court was whether the appellant was liable for the injuries suffered by the respondent, notwithstanding the defence of common employment, under section 23(8) of the *Mines Regulation Act 1895* (W.A.). This provision imposed a duty on mine owners to securely fence all shafts and dangerous excavations.

The Court reasoned that section 23(8) of the *Mines Regulation Act 1895* created a statutory duty on the mine owner, the breach of which would render the owner liable for damages caused by that breach. The Court held that this statutory duty was absolute and could not be contracted out of or defeated by the common law defence of common employment. Therefore, the appellant's failure to securely fence the shaft, as required by the Act, made it liable for the respondent's injuries, irrespective of the negligence of any fellow servant.