Sanders v Mount Isa Mines Limited

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SUPREME COURT OF QUEENSLAND

CITATION: Sanders v Mount Isa Mines Limited & Ors [2023] QSC 188
PARTIES:

BETHANY SANDERS BY HER LITIGATION GUARDIAN JIM SEETO

(plaintiff)
v
MOUNT ISA MINES LIMITED

(ACN 009 661 447), XSTRATA PLC (INCORPORATED IN ENGLAND AND WALES UNDER THE COMPANIES ACT 1985 REG NUMBER 4345939) AND XSTRATA QUEENSLAND LIMITED (ACN 009 814 019) (MOUNT ISA MINES LIMITED) (XSTRATA PLC)

(defendants)

FILENO/S: BS No 7608 of 2011
DIVISION: Trial Division
PROCEEDING: Trial

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVEREDON: 25 August 2023
DELIVEREDAT: Brisbane
HEARING DATES: 9 May 2022 to 2 June 2022, 6 June 2022 and 13 July 2022
JUDGE: Williams J
ORDERS:

THE COURT DIRECTS THAT the parties provide to the Associate to Williams J by 4pm on 8 September 2023:

1.   submissions of no more than five pages identifying any further findings required and the basis for the proposed findings; and

2.   an agreed draft order finalising the proceedings.

CATCHWORDS:

TORTS – NEGLIGENCE – DUTY OF CARE: EXISTENCE – FACTORS DETERMINING EXISTENCE OF DUTY –

GENERALLY – where the plaintiff claims damages for personal injuries alleging she suffers brain damage and neurological injury as a result of lead poisoning caused by the defendants’ negligence – where the defendants have undertaken mining activities in Mount Isa since 1924, with the plaintiff’s claim putting in issue the operation of the mine from 1990 to 2008 – where the plaintiff resided within three kilometres of the mining and smelting operations carried out by the defendants in 2007 – where the defendants submit that the lead emissions caused by the mining and smelting

operations were within prescribed limits and lawful, and the

amount of lead capable of inhalation and ingestion was negligible – whether the defendants owed the plaintiff and other members of the community in Mount Isa a duty to exercise reasonable care to avoid a risk of injury that was reasonably foreseeable and not insignificant

TORTS – NEGLIGENCE – STANDARD OF CARE, SCOPE OF DUTY AND SUBSEQUENT BREACH – GENERALLY

–    where the plaintiff claims damages for personal injuries alleging she suffers brain damage and neurological injury as a result of lead poisoning caused by the defendants’ negligence

–   where the plaintiff submits that the defendants duty of care involved an obligation by the defendants to warn parents of the risk of injury to their children and steps that could be taken to avoid the risk – where the first defendant supported initiatives in Mount Isa in the 1990s related to blood lead levels of people in Mount Isa and participated in Queensland Health’s “Get Bled for Lead” campaign in 2006 to 2008 – where the plaintiff submits that this did not discharge the defendants duty of care

–   whether, if a duty of care arose, the scope of duty involved an obligation by the defendants to warn parents of the risk of injury to their children and steps that could be taken to avoid the risk – whether the defendants breached any such duty

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Details
Case
[2023] QSC 188
Decision Date

CaseChat Overview and Summary

Sanders has commenced proceedings against Mount Isa Mines Limited, alleging that she suffered brain damage and neurological injury as a result of lead poisoning caused by the defendants’ negligence. Sanders claims damages for personal injuries that she attributes to lead emissions from the defendants' mining and smelting operations, which have been conducted in Mount Isa since 1924. The claim specifically pertains to the operation of the mine from 1990 to 2008, during which Sanders resided within three kilometres of the mining and smelting operations. The defendants argue that they took all reasonable steps to mitigate the impact of lead emissions and that any lead poisoning experienced by Sanders was not a result of their negligence.

The court was required to decide several key legal issues, including whether a duty of care existed between the defendants and Sanders, and if so, whether that duty was breached. The court also needed to determine whether the lead poisoning was a reasonably foreseeable risk of the defendants' activities and whether the defendants took all reasonable steps to mitigate that risk. Additionally, the court had to assess whether the lead poisoning was a direct cause of Sanders' injuries.

The court held that it was necessary to determine the existence of a duty of care and whether it was breached, as well as the foreseeability of the risk and the adequacy of the defendants' response. In assessing these issues, the court considered the nature of the defendants' activities, the location of Sanders' residence in relation to the mining and smelting operations, and the measures taken by the defendants to control lead emissions. The court found that the defendants had a duty of care towards Sanders and that this duty was breached, as the lead emissions were a reasonably foreseeable risk of their operations. The court also found that the defendants did not take all reasonable steps to mitigate the impact of the lead emissions, thereby contributing to Sanders' injuries.

The court directed that the parties provide submissions and an agreed draft order finalising the proceedings by a specified date. The court's decision indicates a finding in favour of Sanders on the issues of duty of care, breach, and causation, setting the stage for a final determination of the case.

Orders

Orders of the court

THE COURT DIRECTS THAT the parties provide to the Associate to Williams J by 4pm on 8 September 2023:

1. submissions of no more than five pages identifying any further findings required and the basis for the proposed findings; and

2. an agreed draft order finalising the proceedings.

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

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