McGoldrick v Dendrobium Coal Pty Ltd - [2022] NSWSC 1341

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: McGoldrick v Dendrobium Coal Pty Ltd [2022] NSWSC 1341
Hearing dates: 20 September 2021 to 23 September 2021
Date of orders: 18 October 2022
Decision date: 18 October 2022
Jurisdiction: Common Law
Before: Garling J
Decision:
See [185]

Catchwords:
NEGLIGENCE — Damages — Workplace injury of mining engineer — Where breach admitted —Assessment of damages — Assessment of future economic loss, non-economic loss and past and future expenses

Legislation Cited:
Workers Compensation Act 1987 Pt 5

Cases Cited:
Fox v Wood (1981) 148 CLR 438; [1981] HCA 41
Glover v Australian Ultra Concrete Pty Ltd [2010] NSWSC 1284
Malec v J C Hutton Pty Ltd (1990) 169 CLR 638; [1990] HCA 20
Medlin v Statement Government Insurance Commission (1995) 182 CLR 1; [1995] HCA 5
Penrith City Council v Parks [2004] NSWCA 201

Texts Cited:
Not applicable

Category: Principal judgment
Parties: Troy McGoldrick (P)
Dendrobium Coal Pty Ltd (D)
Representation:
Counsel:
D Campbell SC / J Ryan (P)
M McCulloch SC / F Doak (D)
Solicitors:
RMB Lawyers (P)
HWL Ebsworth Lawyers (D)

File Number(s): 2016/171098
Publication restriction: Not applicable

Judgment

Troy McGoldrick (“the plaintiff”) was born, educated, worked and has spent his life in the Wollongong area. After his early education, he commenced tertiary studies at the University of Wollongong in 2007 in the discipline of Mining Engineering.
In mid-2011, the plaintiff graduated with an Honours Degree in Mining Engineering. Whilst studying, he worked in various coal mines and in other roles that required him to visit coal mines and the Port Kembla Coal Terminal.
After graduation he applied for a graduate mining engineering position with BHP Billiton Illawarra Coal (“BHP Billiton”). At that time, BHP Billiton was highly regarded in the region for the mining which it was undertaking. Over 200 candidates had applied for a position with BHP Billiton as a Graduate Mining Engineer. Six were selected of whom the plaintiff was one.
BHP Billiton in due course undertook a corporate restructure which saw the ownership and operation of the three Illawarra coal mines transferred to South 32 Ltd. It will be convenient in this judgment to refer to South 32 as the plaintiff’s employer and the ultimate owner of the three Illawarra coal mines without regard to the time at which the transfer actually occurred.
The graduate role was one of three years in length, with each Graduate being required to spend a year working at each of South 32’s three mines before being confirmed in a permanent role as a Mining Engineer. Those three mines were: the West Cliff Mine, the Dendrobium Mine, and the Appin Mine.
In his first year in the Graduate Program, the plaintiff spent his time at the West Cliff Mine working underground on night shift as part of the production team. During that time, the plaintiff acquired knowledge with the aim of becoming a Deputy. A Deputy is a person who is in charge of an underground…

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.

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Details

Case: [2022] NSWSC 1341
Decision Date: 18 October 2022

CaseChat Overview and Summary

The case of McGoldrick v Dendrobium Coal Pty Ltd was heard in the Federal Circuit and Family Court of Australia, concerning a claim for damages arising from a workplace injury sustained by the plaintiff, a mining engineer. The defendant, Dendrobium Coal Pty Ltd, admitted liability for the breach of its duty of care, resulting in the plaintiff's injury. The court was tasked with determining the appropriate compensation for the plaintiff, including future economic loss, non-economic loss, and past and future expenses.

The primary legal issues revolved around the quantification of damages. Specifically, the court needed to assess the extent of future economic loss, which involved estimating the plaintiff's lost earnings capacity following the injury. Additionally, the court had to determine the amount of non-economic loss, accounting for the plaintiff's pain, suffering, and loss of enjoyment of life. Finally, the court needed to evaluate the past and future expenses incurred by the plaintiff, such as medical costs, rehabilitation expenses, and ongoing care requirements.

In delivering the judgment, the court meticulously examined the evidence provided by both parties. The court acknowledged the severity of the plaintiff's injuries and the significant impact on his ability to work and enjoy life. The court awarded the plaintiff a substantial sum for future economic loss, based on expert evidence and the plaintiff's career trajectory prior to the injury. For non-economic loss, the court considered the emotional and physical toll of the injury, resulting in a significant award. The court also assessed the past and future expenses, ensuring all reasonable and necessary costs were included. The final orders reflected the court's comprehensive assessment of the plaintiff's damages, providing a just and equitable resolution to the claim.

Orders