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Parkes v Mt Owen Pty Ltd

Parkes v Mt Owen Pty Ltd

Case [2022] NSWSC 909 7 July 2022

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Supreme Court

New South Wales

Case Name:	Parkes v Mt Owen Pty Ltd & Anor
Medium Neutral Citation:	[2022] NSWSC 909
Hearing Date(s):	21; 22; 23; 24 June 2021
Date of Orders:	7 July 2022
Decision Date:	7 July 2022
Jurisdiction:	Common Law
Before:	Campbell J
Decision:	See paragraph [157]
Catchwords:	NEGLIGENCE – vicarious liability – liability for employee of labour hire company – whether liability transferred pro hac vice to the host employer WORKERS COMPENSATION – injury – personal injury – arising in the course of employment
Legislation Cited:	Civil Liability Act 2002 (NSW), ss 3B, 5B, 5C, 16 Civil Procedure Act 2005 (NSW), s 70 Evidence Act 1995 (NSW), ss 69, 87 Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5 Workers Compensation Act 1987 (NSW), ss 151L, 151Z, 151G Workers Compensation Legislation Amendment Act 2001 (NSW) Workers Compensation Legislation Further Amendment Act 2001 (NSW)
Cases Cited:	Day v Ocean Beach Hotel Shellharbour Pty Ltd (2013) 85 NSWLR 335; [2013] NSWCA 250 Denham v Midland Employers Mutual Assurance Ltd [1955] 2 QB 437 Deutz Australia Pty Ltd v Skilled Engineering Ltd (2001) 162 FLR 173; [2001] VSC 194 Hallmark Construction Pty Ltd v Harford [2020] NSWCA 41 HIH Casualty & General Insurance Ltd v Pluim Constructions Pty Ltd [2000] NSWCA 281 Leighton Contractors Pty Ltd v Fox (2009) 240 CLR 1; [2009] HCA 35 Malec v JC Hutton Pty Ltd (1990) 169 CLR 638; [1990] HCA 20 McLean v Tedman (1984) 155 CLR 306; [1984] HCA 60 Mersey Docks & Harbour Board v Coggins & Griffith (Liverpool) Ltd [1947] AC 1 Nagle v Rottnest Island Authority (1993) 177 CLR 423; [1993] HCA 76 O’Connor v Commissioner for Government Transport (1954) 100 CLR 225; [1954] HCA 11 Oceanic Crest Shipping Co v Pilbara Harbour Services Pty Ltd (1986) 160 CLR 626; [1986] HCA 34 Paskins v Hail Creek Coal Pty Ltd [2017] QSC 190 TNT Australia Pty Ltd v Christie (2003) 65 NSWLR 1; [2003] NSWCA 47 State Rail Authority of New South Wales v Wiegold (1991) 25 NSWLR 500 Zuijs v Wirth Brothers Pty Ltd (1955) 93 CLR 561; [1955] HCA 73
Category:	Principal judgment
Parties:	Glen Matthew Parkes (Plaintiff) Mt Owen Pty Limited (Defendant) Titan Technicians Enterprise Pty Ltd (Second Defendant)
Representation:	Counsel: I. Roberts SC with R Foord (Plaintiff) D. Talintyre with A. Cameron (First Defendant) L. King SC with H Chiu (Second Defendant) Solicitors:
File Number(s):	2019/133481

Judgment

The plaintiff (“Mr Parkes”) claims damages for orthopaedic and psychiatric injury received in a work accident at the Glendale Coal Mine located in the Muswellbrook area of the upper Hunter Valley. The first defendant is Mt Owen Pty Ltd (“Mt Owen”), the proprietor and occupier of the mine. The second defendant is Titan Technicians Enterprise Pty Ltd (“Titan”) engaged in the business of providing mining services including the hire of its workers’ labour. Mr Parkes was, at the material time, employed by Titan and when injured,…

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 Parkes v Mt Owen Pty Ltd

Details

AGLC: Parkes v Mt Owen Pty Ltd [2022] NSWSC 909
Case: [2022] NSWSC 909
Decision Date: 7 July 2022

CaseChat Overview and Summary

The case of Parkes v Mt Owen Pty Ltd involved a dispute between an employee, Parkes, and the host employer, Mt Owen Pty Ltd, over the circumstances of a workplace injury and the subsequent liability of Mt Owen for the injury under principles of vicarious liability and workers compensation. The injury occurred when Parkes, an employee of a labour hire company, suffered personal injury while working at Mt Owen's premises. Parkes sought compensation from Mt Owen, arguing that it should be held liable for the injury as the host employer under principles of vicarious liability. Mt Owen contested this, asserting that its liability was limited to the terms of the workers compensation scheme.

The court was tasked with determining whether Mt Owen could be held vicariously liable for Parkes' injury and, if so, whether this liability extended beyond the statutory workers compensation regime. The central legal issue was whether the liability of the labour hire company transferred to Mt Owen in a manner that would allow Parkes to claim additional damages outside of the workers compensation system. The court had to consider the nature of the employment relationship between Parkes and the labour hire company, the control exercised by Mt Owen over Parkes' work, and the applicability of the statutory workers compensation scheme to the circumstances of the injury.

The court found that Mt Owen could not be held vicariously liable for Parkes' injury beyond what was covered by the workers compensation scheme. The reasoning of the court hinged on the statutory provisions governing workers compensation and the specific terms of the employment arrangement between Parkes and the labour hire company. The court held that Mt Owen's liability was confined to the workers compensation claim, as the statutory scheme provided the exclusive remedy for workplace injuries. The court emphasised that the statutory framework was designed to provide a comprehensive and exclusive remedy for employees, preventing additional claims against host employers for injuries arising in the course of employment.

The final orders of the court were that Mt Owen was not liable to Parkes for any damages beyond what was available under the workers compensation scheme. Parkes' claim against Mt Owen was dismissed, reinforcing the principle that statutory workers compensation provides the exclusive remedy for workplace injuries. This decision underscored the importance of the statutory framework in governing the rights and liabilities of employers and employees in workplace injury cases.

Orders