SUPREME COURT OF QUEENSLAND
CITATION:
Mills v BHP Coal Pty Ltd [2017] QSC 184
PARTIES:
FRANK RICHARD MILLS
(Plaintiff)
v
BHP COAL PTY LTD (ACN 010 595 721)
(Defendant)
FILE NO/S:
S4 of 2017
DIVISION:
Trial Division
PROCEEDING:
Trial
ORIGINATING COURT:
Supreme Court at Rockhampton
DELIVERED ON:
31 August 2017
DELIVERED AT:
Rockhampton
HEARING DATE:
21, 22 August 2017. Final submissions received 28 August 2017.
JUDGE:
McMeekin J
ORDER:
1. Judgment for the plaintiff in the sum of $853,002.20.
2. The defendant to pay the plaintiff’s costs on the standard basis.
CATCHWORDS:
TORTS – NEGLIGENCE – DAMAGES– GENERALLY – where the plaintiff claims damages for injuries suffered in the course of employment – where liability is conceded on the pleadings – where several heads of loss have been agreed.
TORTS – NEGLIGENCE – DAMAGES – GENERAL DAMAGES – where general damages for pain and suffering remain to be determined – where counsel are agreed on the nature of the injury – where counsel cannot agree on the appropriate ISV – whether the maximum dominant ISV is sufficient – whether an uplift should be applied – whether an uplift in the given circumstances is justified.
TORTS – NEGLIGENCE – DAMAGE – FUTURE ECONOMIC LOSS – where plaintiff has returned to pre-accident employment – where the plaintiff works under modified duties program –where there is a dispute as to how long the plaintiff will last in employment – where there is a dispute as how long the plaintiff would have maintained employment had the injury not occurred – whether the plaintiff if uninjured would have maintained employment in the mining industry until aged 70.
Social Security Act 1991 (Cth) s 23(5A)
Superannuation Guarantee (Administration) Act 1992 (Cth) s19
Workers’ Compensation and Rehabilitation Act 2003 (Qld) s 306J, s306L, s 306P
Workers’ Compensation and Rehabilitation Regulation 2014 (Qld) s 130, Schedule 8 and Schedule 9
Baldwin v Lisicic [1993] NSWCA 18, considered
Haylett v Hail Creek Coal Pty Ltd [2014] QSC 176, cited
Heywood v Commercial Electrical Pty Ltd [2013] QCA 270, distinguished
Malec v Hutton (1990) 169 CLR 638; [1990] HCA 20, applied
Medlin v State Government Insurance Commission (1995) 182 CLR 1, cited
Sharman v Evans (1997) 138 CLR 563, cited
Wynn v NSW Insurance Ministerial Corporation (1995) 184 CLR 485, cited
COUNSEL:
GF Crow QC with S Deaves for the Plaintiff
GC O’Driscoll for the Defendant
SOLICITORS:
Macrossan and Amiet Solicitors for the Plaintiff
HWL Ebsworth Lawyers for the Defendant
McMEEKIN J: Frank Mills claims damages for injuries that he suffered on 1 October 2014 in the course of his employment with the defendant, BHP Coal Pty Ltd (“BHP”). The injuries occurred when he endeavoured to open a stuck butterfly valve on a vac pump. He damaged his cervical spine and right rotator cuff.
Liability for the injury is conceded on the pleadings. Several heads of loss have been agreed. The issues that remain to be determined now are principally general damages…
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- AGLC
- Mills v BHP Coal Pty Ltd [2017] QSC 184
- Case
- [2017] QSC 184
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the appropriate amount for general damages, considering that counsel agreed on the nature of the injury but differed on the appropriate Incremental Severity Value (ISV). The court needed to assess whether the maximum dominant ISV was sufficient or if an uplift was warranted. Additionally, the court had to decide on future economic loss, particularly given the plaintiff's return to employment under a modified duties program and the disputes over the duration of his continued employment in the mining industry.
The court found that the maximum dominant ISV was sufficient and declined to apply an uplift, as it was not justified in the circumstances. Regarding future economic loss, the court concluded that the plaintiff, if uninjured, would have maintained employment in the mining industry until age 70. The court awarded the plaintiff $853,002.20 in damages and ordered the defendant to pay the plaintiff’s costs on the standard basis.
Orders
Orders of the court
1. Judgment for the plaintiff in the sum of $853,002.20.
2. The defendant to pay the plaintiff’s costs on the standard basis.
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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