Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Muller v Mt Arthur Coal Pty Limited [2024] NSWSC 677 Hearing dates: 2 May 2023 Date of orders: 3 June 2024 Decision date: 03 June 2024 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The plaintiff is granted an extension of time to commence proceedings against the first defendant, as owner and occupier pursuant to the Limitation Act 1969 (NSW) up to and including 10 May 2022.
(2) The plaintiff is granted an extension of time to commence proceedings against all defendants as employers pursuant to s 151D(2) against all defendants up to and including 10 May 2022.
(3) The plaintiff is to file and serve the statement of claim on the defendants within 14 days.
(4) Costs be reserved.
Catchwords: CIVIL PROCEDURE – Extension of time – Discoverability – Disability – Workplace bullying – Presumptive prejudice – Fair trial – Leave granted.
Legislation Cited: Civil Liability Act 2002 (NSW)
Coal Industry Act 2001 (NSW) s 3
Limitation Act 1969 (NSW) ss 11, 50C, 50D, 50F and 52
Workers Compensation Act 1987 (NSW) ss 151A and 151D
Workers Compensation Amendment Act 2001 (NSW) Schedule 6, Part 18, cl 3
Workers Compensation Legislation Amendment Act 2012 (NSW) cl 26
Cases Cited: Baker-Morrison v State of NSW [2009] NSWCA 35; (2009) 74 NSWLR 454
Binetter v Binetter (2022) 409 ALR 1; [2022] NSWCA 169
Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541
Gallagher Bassett Services NSW Pty Limited v Murdock [2013] NSWCA 386
Guthrie v Spence(2009) 78 NSWLR 225; [2009] NSWCA 369
Ida Wolff bht Steven Binetter v Binetter [2021] NSWSC 1249
Category: Procedural rulings Parties: Janelle Muller (Plaintiff)
Mt Arthur Coal Pty Limited (First defendant)
TESA Mining (NSW) Pty Limited (Second defendant)
Chandler Macleod Group Limited (Third defendant)Representation: Counsel:
R O’Keefe and K. Young (Plaintiff)
B. Jones (First Defendant)
L King SC (Second Defendant)
F Doak (Third Defendant)Solicitors:
RMB Lawyers (Plaintiff)
MinterEllison (First Defendant)
Hicksons Lawyers (Second Defendant)
Hall & Wilcox (Third Defendant)
File Number(s): 2022/134420
JUDGMENT
-
This judgment involves an application by the plaintiff to extend time pursuant to s 151D(2) of the Workers Compensation Act 1987 (NSW) (‘WCA’) and the Limitation Act 1969 (NSW) (‘Limitation Act’) on the basis that she was persistently bullied and harassed at work.
-
The plaintiff is Janelle Muller. The first defendant (‘1D’) is Mt Arthur Coal Pty Limited (‘Mt Arthur’). The second defendant is TESA Mining (NSW) Pty Limited (‘TESA’). The third defendant (‘3D’) is Readyforce, a division of Chandler Macleod Group Limited (‘Chandler’). TESA and Chandler are labour hire companies that employed the plaintiff at times.
-
The plaintiff is represented by R. O’Keefe and K. Young of counsel. At the hearing of the motion, unusually I permitted counsel for the first defendant to cross-examine her as to her state of mind at mind during a conference…
Keep reading for free
Create a free CaseChat account to read Muller v Mt Arthur Coal Pty Limited and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2024] NSWSC 677
- Decision Date
CaseChat Overview and Summary
The court had to determine the discoverability of the plaintiff's claim under the Fair Work Act, specifically assessing when Muller ought to have discovered the alleged bullying. Additionally, the court had to consider whether Muller's mental health condition could be classified as a disability under the Disability Discrimination Act. The court also needed to assess whether the plaintiff had a genuine and arguable claim and whether any delay in filing the claim would result in presumptive prejudice, impacting the fairness of the trial.
In its decision, the court held that the plaintiff's claim was discoverable only when he became aware of the full extent of the alleged bullying, which was after he was made redundant. The court further found that Muller's mental health condition, resulting from the bullying, constituted a disability under the relevant legislation. Consequently, the court granted an extension of time for filing the claim, acknowledging that the delay was due to the disability and that granting the extension was necessary to ensure a fair trial. The court concluded that allowing the claim despite the delay was in the interests of justice.
As a result of the court's decision, the plaintiff was granted leave to file his claim outside the statutory time limits. The case was remitted to the Fair Work Commission for further proceedings.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.