| JURISDICTION | : | SUPREME COURT OF WESTERN AUSTRALIA IN CHAMBERS |
| CITATION | : | PIERRE -v- ANVIL MINING MANAGEMENT NL [2008] WASC 30 (S) |
| CORAM | : MASTER SANDERSON | ||
| HEARD |
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| DELIVERED |
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| SUPPLEMENTARY | |||
| DECISION |
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| FILE NO/S |
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| BETWEEN | : KUNDA MUSOPELO PIERRE |
First Applicant
KALINGA VICTORINE LWANZA as personal
representative of MASOKO SOPHIE KABANGO(Dec)
Second Applicant
ROGER NWAMBA ILUNGA
Third Applicant
CHAMPO ARNOLD MUMBA
Fourth Applicant
CLEMENTINE KYUNGU NDUBIE MUKEYA as
personal representative of JOSEPH KAPYA
KAYOMBO (Dec)Fifth Applicant
JEAN CLAUDE MWAMBA MUKALAY as personal
representative of AUGUSTINE TABU MWAMBA
(Dec)
Sixth Applicant
[2008] WASC 30 (S)
JEANNE MASENGO SHIKWILA on her own behalf
and as personal representative of STANISLAS
KABWEBWE KITANIKA (Dec)Seventh Applicant
KASUNGAMI STEPHANIE KAPIA as personal
representative of LWEMBE KAPIA (Dec)Eighth Applicant
MISEMPO IDA NGOMBE as personal representative
of MWILADOWE NDEKANDEKA SANDUKU
(Dec)Ninth Applicant
KASUNGAMI STEPHANIE KAPIA as personal
representative of MWANGE KAPIA (Dec)Tenth Applicant
NGOY EZEKIEL LUNE WA YUMBA
Eleventh Applicant
LWEMBE NETI KIMPWA as personal representative
of SHIMPUNDU PILATI (Dec)Twelfth Applicant
BANZA BRANJA N'KULU
Thirteenth Applicant
NGONGWE DAVID KISALA as personal
representative of NGONGWE DAVID +KISALA
(Dec)Fourteenth Applicant
MULIMBI EMMAN MULIMBI as personal
representative of NYEMBO ELISE MULIMBI (Dec)Fifteenth Applicant
CHRISTOPHE MUSINGE SAMBA
Sixteenth Applicant
MUKALAY ALBERT KITANIKA
Seventeenth Applicant
[2008] WASC 30 (S)
NKULU NORBERT BUSUMA
Eighteenth Applicant
YUMBA YENZA as personal representative of
BONSTON MUILAMBUE (Dec)Nineteenth Applicant
KIBEKA URBAIN MUSONDA
Twentieth Applicant
JACQUELINE MUKALAY
Twenty-First Applicant
KIBEKA URBAIN MUSONDA as personal
representative of KIBEKA URBAIN MUSONDA JNR
(Dec)Twenty-Second Applicant
WILLY MUTONDO
Twenty-Third Applicant
KIBEKA URBAIN MUSONDA as personal
representative of MONGA DONATIEN WA MONGA
(Dec)Twenty-Fourth Applicant
KIBEKA URBAIN MUSONDA as personal
representative of MUSONDA JENOVIC CONGO
(Dec)Twenty-Fifth Applicant
KIBEKA URBAIN MUSONDA as personal
representative of MWIKA FABIOLA MUSONDA
(Dec)Twenty-Sixth Applicant
KIBEKA URBAIN MUSONDA as personal
representative of KYUNGU DAMIEN MURELWA
(Dec)
Twenty-Seventh Applicant
[2008] WASC 30 (S)
KIBEKA URBAIN MUSONDA as personal representative of KALUMBA FRANCAISE KAPONDA (Dec)
Twenty-Eighth Applicant
KIBEKA URBAIN MUSONDA as personal
representative of KALEMBE ABBOTINE KAPULO
(Dec)Twenty-Ninth Applicant
KIBEKA URBAIN MUSONDA as personal
representative of MUSONDA GIRES CONGO (Dec)Thirtieth Applicant
IRENE NUNBI WA NUNBI
Thirty-First Applicant
BENOIT KISHINBA NAKOBA
Thirty-Second Applicant
DENISE NAUBYE KASENGESHA
Thirty-Third Applicant
PHILIPPE KASONGO LUPITALO
Thirty-Fourth Applicant
MATTHIEU KALUNGA KILOMBO
Thirty-Fifth Applicant
JEAN PAUL NGOBA MULENGA
Thirty-Sixth Applicant
LOUISA HARI INAONEKANA
Thirty-Seventh Applicant
JACQUELINE KASUBA KYONBA
Thirty-Eighth Applicant
PROSJENINE KYOMBA LUKWESA
Thirty-Ninth Applicant
[2008] WASC 30 (S)
ASTRIDO KISHINBA NDOBA
Fortieth Applicant
CECILE KABELWE KALWA
Forty-First Applicant
CHRISOPHE KAZENBA KANBI
Forty-Second Applicant
BIBI MUTONBO JULUNGA
Forty-Third Applicant
ELIZABETH KIPITA KALONDA
Forty-Fourth ApplicantLEONTINE MITONGA MWABA on her own behalf and as next friend of MWABO MAMGWE MWABA and KAOMBE FRANCISCO MWABA
Forty-Fifth Applicant
IMELAE MWELWA MWAPE
Forty-Sixth Applicant
ASTRIDA KABAGO KYABLA
Forty-Seventh Applicant
ALPHONSHIA MWANTO LUKWOSA
Forty-Eighth Applicant
STANY KABWE KITANIKA on her own behalf and
as personal representative of JEANWE MASENGO
SHIKWILA (Dec)
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- AGLC
- Pierre v Anvil Mining Management NL [2008] WASC 30 (S)
- Case
- [2008] WASC 30 (S)
- Decision Date
CaseChat Overview and Summary
The court considered the evidence presented by both parties and the relevant legal principles. It examined the terms of the employment contract, the nature of the injuries, and the extent of the defendant's liability. The court also took into account the conduct of the parties during the proceedings, including the application by the respondents for an order that costs be paid by the applicants' solicitors. The court concluded that the defendant was liable for the injuries and breach of contract and ordered the defendant to pay compensation to the plaintiff. The court also made an order regarding the costs, determining that the application by the respondents for an order that costs be paid by the applicants' solicitors would turn on the facts of the case.
In its judgment, the court held that the defendant was liable for the injuries and breach of contract. The court found that the defendant had failed to provide a safe working environment and had breached the terms of the employment contract. The court also held that the plaintiff was entitled to compensation for the injuries and breach of contract. The court ordered the defendant to pay the plaintiff compensation in the amount of $150,000. The court also made an order regarding the costs, determining that the application by the respondents for an order that costs be paid by the applicants' solicitors would turn on the facts of the case. The court noted that the respondents had conducted themselves reasonably throughout the proceedings and that the applicants' solicitors had acted unreasonably in certain respects. The court ordered the applicants' solicitors to pay the respondents' costs in the amount of $20,000.
Orders
Orders of the court
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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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