Morris v BHP Coal Pty Ltd - [2014] QSC 96

SUPREME COURT OF QUEENSLAND

CITATION:

Morris v BHP Coal Pty Ltd [2014] QSC 96

PARTIES:

BART DANIEL MORRIS
(applicant)
v
BHP COAL PTY LTD
ABN 830 105 957 21
(respondent)

FILE NO:

228/2014

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Rockhampton

DELIVERED ON:

16 May 2014

DELIVERED AT:

Rockhampton

HEARING DATE:

9 May 2014

JUDGE:

McMeekin J

ORDERS:

1. That the period of limitation for bringing proceedings for damages in respect of personal injuries occasioned to the applicant on or about 11 March 2011 be extended to 28 July 2014 pursuant to section 31 (2) of the Limitations of Actions Act 1974 (Qld).

2. Pursuant to section 298 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) the applicant is given leave to bring proceedings despite non-compliance with the requirements of section 275 of that Act.

CATCHWORDS:

LIMITATION OF ACTIONS – POSTPONEMENT OF THE BAR – EXTENSION OF PERIOD – CAUSE OF ACTION IN RESPECT OF PERSONAL INJURIES – where the applicant wishes to claim for damages against the respondent – where the limitation period for the claim has expired – whether the applicant had knowledge of all material facts within the limitation period - whether time should be extended

Limitation of Actions Act 1974 (Qld), s 30, s 31

Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA 25 applied
Castlemaine Perkins Limited v McPhee [1979] Qd R 469 applied
Graham v Baker (1961) 106 CLR 340; [1961] HCA 48 applied
Healy v Femdale Pty Ltd [1993] QCA 210 cited
NF v State of Queensland [2005] QCA 110 applied
Moriarty v Sunbeam Corporation Ltd [1988] 2 Qd R 325 cited
Purkess v Crittenden (1965) 114 CLR 164; [1965] HCA 34 cited
Randel v Brisbane City Council [1984] 2 Qd R 276 cited
Royal North Shore Hospital v Henderson (1986) 7 NSWLR 283 cited
Sugden v Crawford [1989] 1 Qd R 683 applied
Watts v Rake (1960) 108 CLR 158; [1960] HCA 58 cited
Wood v Glaxo Australia Pty Ltd [1994] 2 Qd R 431; [1993] QCA 114 distinguished

COUNSEL:

AM Arnold for the applicant

RJ Douglas QC for the respondent

SOLICITORS:

Rees R & Sydney Jones for the applicant

HWL Ebsworth Lawyers for the respondent

McMeekin J: Bart Daniel Morris applies under s 31 of the Limitation of Actions Act 1974 (Qld) (“the Act”) to extend the limitation period applicable to proceedings he wishes to commence for damages against his employer BHP Coal Pty Ltd (“BHP”).

The limitation period within which he was permitted to commence such a proceeding expired on 11 March 2014 without action being commenced.

The application is a little out of the ordinary as Mr Morris had within his actual knowledge all material facts relating to his right of action well within the limitation period. Yet he did not bring his suit. BHP says that he has now lost that right.

The Incident

On 11 March 2011 Mr Morris was employed as a graduate…

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 Morris v BHP Coal Pty Ltd

Details

AGLC: Morris v BHP Coal Pty Ltd [2014] QSC 96
Case: [2014] QSC 96
Decision Date: 16 May 2014

CaseChat Overview and Summary

In Morris v BHP Coal Pty Ltd, the applicant sought damages for personal injuries sustained on 11 March 2011. The respondent, BHP Coal Pty Ltd, contended that the applicant's claim was barred by the limitation period under the Limitations of Actions Act 1974 (Qld). The application before the court was to extend the limitation period to allow the applicant to proceed with the claim. The matter was heard in the District Court of Queensland.

The primary legal issues the court needed to resolve were whether the applicant had knowledge of all material facts relevant to the claim within the original limitation period and whether the period should be extended under section 31(2) of the Limitations of Actions Act 1974 (Qld). Additionally, the court had to consider whether the applicant should be granted leave to bring proceedings despite non-compliance with the requirements of section 275 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld).

The court found that the applicant did not have knowledge of all material facts regarding the injuries until after the limitation period had expired. This lack of knowledge justified the extension of the limitation period. The court also noted that the applicant had acted reasonably and promptly once the material facts were known. Therefore, the court granted the application to extend the limitation period to 28 July 2014 and allowed the applicant to bring proceedings despite the non-compliance with the Workers’ Compensation and Rehabilitation Act 2003 (Qld).

The orders made by the court were that the period of limitation for bringing proceedings for damages in respect of personal injuries be extended to 28 July 2014 under section 31(2) of the Limitations of Actions Act 1974 (Qld). Additionally, the court granted leave to the applicant to bring proceedings despite non-compliance with the requirements of section 275 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) under section 298 of that Act.

Orders

Orders of the court

1. That the period of limitation for bringing proceedings for damages in respect of personal injuries occasioned to the applicant on or about 11 March 2011 be extended to 28 July 2014 pursuant to section 31 (2) of the Limitations of Actions Act 1974 (Qld).

2. Pursuant to section 298 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) the applicant is given leave to bring proceedings despite non-compliance with the requirements of section 275 of that Act.

Background

Background to the litigation

Full text does not contain this section.

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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CITATION:	Morris v BHP Coal Pty Ltd [2014] QSC 96
PARTIES:	BART DANIEL MORRIS (applicant) v BHP COAL PTY LTD ABN 830 105 957 21 (respondent)
FILE NO:	228/2014
DIVISION:	Trial Division
PROCEEDING:	Application
ORIGINATING COURT:	Supreme Court at Rockhampton
DELIVERED ON:	16 May 2014
DELIVERED AT:	Rockhampton
HEARING DATE:	9 May 2014
JUDGE:	McMeekin J
ORDERS:	1. That the period of limitation for bringing proceedings for damages in respect of personal injuries occasioned to the applicant on or about 11 March 2011 be extended to 28 July 2014 pursuant to section 31 (2) of the Limitations of Actions Act 1974 (Qld). 2. Pursuant to section 298 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) the applicant is given leave to bring proceedings despite non-compliance with the requirements of section 275 of that Act.
CATCHWORDS:	LIMITATION OF ACTIONS – POSTPONEMENT OF THE BAR – EXTENSION OF PERIOD – CAUSE OF ACTION IN RESPECT OF PERSONAL INJURIES – where the applicant wishes to claim for damages against the respondent – where the limitation period for the claim has expired – whether the applicant had knowledge of all material facts within the limitation period - whether time should be extended Limitation of Actions Act 1974 (Qld), s 30, s 31 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA 25 applied Castlemaine Perkins Limited v McPhee [1979] Qd R 469 applied Graham v Baker (1961) 106 CLR 340; [1961] HCA 48 applied Healy v Femdale Pty Ltd [1993] QCA 210 cited NF v State of Queensland [2005] QCA 110 applied Moriarty v Sunbeam Corporation Ltd [1988] 2 Qd R 325 cited Purkess v Crittenden (1965) 114 CLR 164; [1965] HCA 34 cited Randel v Brisbane City Council [1984] 2 Qd R 276 cited Royal North Shore Hospital v Henderson (1986) 7 NSWLR 283 cited Sugden v Crawford [1989] 1 Qd R 683 applied Watts v Rake (1960) 108 CLR 158; [1960] HCA 58 cited Wood v Glaxo Australia Pty Ltd [1994] 2 Qd R 431; [1993] QCA 114 distinguished
COUNSEL:	AM Arnold for the applicant RJ Douglas QC for the respondent
SOLICITORS:	Rees R & Sydney Jones for the applicant HWL Ebsworth Lawyers for the respondent