Nelson v BHP Coal Pty Ltd

Case [2000] QCA 505


SUPREME COURT OF QUEENSLAND

CITATION: Nelson v BHP Coal P/L [2000] QCA 505
PARTIES: KENNETH ROY NELSON
(plaintiff/respondent)
BHP COAL PTY LTD ACN 101 575 721
(defendant/appellant)
FILE NO: Appeal No 11435 of 1999
SC 15 of 1998
DIVISION: Court of Appeal
PROCEEDING: General Civil Appeal
ORIGINATING COURT:

Supreme Court at Mackay

DELIVERED ON: 14 December 2000
DELIVERED AT: Brisbane
HEARING DATE: 5 September 2000
JUDGE: McPherson JA, Muir and Atkinson JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDER: Appeal dismissed
Appellant to pay respondent’s costs of and incidental to the appeal, to be assessed

CATCHWORDS:

EMPLOYMENT LAW – CONTRACT OF SERVICE AND RIGHTS, DUTIES AND LIABILITIES AS BETWEEN EMPLOYER AND EMPLOYEE – LIABILITY OF EMPLOYER FOR INJURY TO EMPLOYEE AT COMMON LAW – SAFE SYSTEM OF WORK – GENERALLY – respondent injured in course of employment – bulldozer fell off edge of embankment – whether injury caused by appellant’s failure to provide safe system of work – whether respondent engaged in dangerous operation outside ordinary exigencies of task.

TORT – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – REASONABLE FORESEEABILITY OF DAMAGE – PARTICULAR CASES AS BETWEEN EMPLOYER AND EMPLOYEE – whether employer can be found negligent where employee takes extraordinary risk – whether task was strictly routine – whether employer in breach of duty to provide safe system of work – standard of care owed

TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – DAMAGE – CAUSATION – GENERALLY

TORTS – NEGLIGENCE – CONTRIBUTORY NEGLIGENCE – GENERALLY – whether accident contributed to by employee’s negligence or caused by his misjudgment

Uniform Civil Procedure Rules, r 149

A R Griffiths & Sons Pty Ltd v Richards (1996) 24 MVR 296, referred to
A R Griffiths & Sons Pty Ltd v Richards [2000] 2 Qd R 116, referred to
Astley v Austrust Ltd (1999) 73 ALJR 403, referred to
Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301, referred to
Century Insurance Co Ltd v Northern Ireland Transport Board [1942] AC 509, referred to
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337, referred to
Davies v Swan Motor Co (Swansea) Ltd [1949] 2 KB 291, referred to
Digby v General Accident Fire & Life Assurance Corporation [1943] AC 121, referred to
F C Shepherd & Co Ltd v Jerrom [1987] 1 QB 201, referred to
Hart v Riversdale Mill Co [1928] 1 KB 176, referred to
Jones v Persal & Co [2000] QCA 386; Appeal No 7571 of 1999, 22 September 2000, referred to
Joseph Constantine Steamship Line Ltd v Imperial Smelting Corporation Ltd [1942] AC 154, referred to
Lister v Romford Ice and Cold Storage Co Ltd [1957] AC 555, referred to
McLean v Tedman (1984) 155 CLR 306, referred to
Miletic v Capital Territory Health Commission (1995) 60 ALJR 675,…

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AGLC
Nelson v BHP Coal Pty Ltd [2000] QCA 505
Case
[2000] QCA 505
Decision Date

CaseChat Overview and Summary

Nelson v BHP Coal Pty Ltd involved an injured worker, Nelson, who sued his employer, BHP Coal Pty Ltd, for failing to provide a safe system of work. Nelson was injured when a bulldozer he was operating fell off the edge of an embankment during the course of his employment. The case came before the court to determine whether the employer was liable for Nelson's injury under common law, specifically for failing to provide a safe system of work, and whether Nelson's injury resulted from an action that could be considered outside the ordinary exigencies of his task.

The legal issues centred on whether Nelson's injury was caused by BHP Coal's failure to provide a safe system of work, and if Nelson was engaged in a dangerous operation outside the ordinary course of his duties. The court also needed to decide if Nelson's actions constituted an extraordinary risk that contributed to the accident, and whether the employer breached its duty to provide a safe system of work. The standard of care owed by the employer and the foreseeability of the damage were also key considerations.

The court found that BHP Coal was not liable for Nelson's injury as it was not due to the employer's failure to provide a safe system of work. The court determined that Nelson's actions were part of the ordinary course of his employment and that he was not engaged in a dangerous operation outside the usual exigencies of his task. Additionally, the court held that Nelson's negligence contributed to the accident, as he misjudged the situation when operating the bulldozer. Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs of and incidental to the appeal.

Orders

Orders of the court

Appeal dismissed

Appellant to pay respondent’s costs of and incidental to the appeal, to be assessed

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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