Sanders v Mount Isa Mines Limited (No 2)

[2023] QSC 217

SUPREME COURT OF QUEENSLAND

CITATION:

Sanders v Mount Isa Mines Limited & Ors (No 2) [2023] QSC 217

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:

28 September 2023

DELIVEREDAT:

Brisbane

HEARINGDATE:

On the papers

JUDGE:

Williams J

ORDER:

THE COURT ORDERS THAT:

1.   The Plaintiff’s claim is dismissed.

2.   By 4pm on 6 October 2023, the parties are to confer as to proposed orders as to costs.

3.   If proposed orders cannot be agreed, then:

(a)     By 4pm on 13 October 2023, the Defendants are to file submissions of no more than 10 pages as to costs.

(b)     By 4pm on 27 October 2023, the Plaintiff is to file submissions in response of no more than 10 pages as to costs.

(c)      By 4pm on 1 November 2023, the Defendants are to file a reply of no more than 5 pages as to costs.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – JUDGMENTS AND ORDERS –

GENERALLY – where reasons were delivered finding that the

plaintiff’s claim failed – where the parties were directed to provide an agreed draft order finalising the proceedings – where the reasons also required the parties to calculate the overall damages if, contrary to the reasons, damages are to be assessed
COUNSEL:	G R Mullins, C Campbell and M Karaman for the plaintiff D G Clothier KC and S J Webster for the defendants
SOLICITORS:	Slater & Gordon Lawyers for the plaintiff Allens for the defendants

1. Further to the reasons delivered on 25 August 2023 (Reasons), the parties have provided an agreed calculation of the overall damages (if, contrary to the findings in the Reasons, damages are to be assessed) as requested in [1811] of the Reasons.

1. As part of this exercise, a typographical error has been identified in [1788(a)] of the Reasons. The figure of $1180 is corrected to $1180.50.

1. Further, a correction also needs to be made to the figure at [1810(b)(ii)] of the Reasons. This figure needs to be corrected to a total of $39,707.64, calculated using the future medical expenses of $38.46 per week and the 70-year multiplier of 1,034.

1. Accordingly, the agreed overall damages amount is $3,524,706.78 (plus interest and funds management fees).

1. This damages figure is calculated as follows:

General Damages	[1774]	$102,080
Loss of Earnings	Amend [1788](a)to $1180.50 consistent with [1777]	$745,703.72
Superannuation	[1789]	$88,738.74
Past Griffiths v Kerkemeyer	[1798]	$187,909.20
Future Care	[1804] DCS Reply p.53	$2,263,307.48
Future specials-OT	[1810](b)(i)	$97,200
Future Specials-Medical	[1810](b)(ii) Amend to $38.46 a week x multiplier 1,034(70 years) including amended total	$39,767.64
Plus Interest and Funds management fees	$3,524,706.78

1. The parties have also agreed the following final orders: “THE ORDER OF THE COURT IS THAT:

   1.   The Plaintiff’s claim is dismissed.

   2.   By 4pm 22 September 2023, the parties are to confer as to proposed orders as to costs.

   3.   If proposed orders cannot be agreed, then:

   (a)By 4pm 29 September 2023, the Defendants are to file submissions of no more than 10 pages as to costs.

   (b)By 4pm on 13 October 2023, the Plaintiff is to file submissions in response of no more than 10 pages as to costs.

   (c)By 4pm 18 October, the Defendants are to file a reply of no more than 5 pages as to costs.”

1. Given the time that has passed since the orders were proposed and the final damages calculation being provided, some revision of the proposed dates is required.

1. In the circumstances, it is reasonable to extend the dates by 14 days to enable the steps to be completed.

1. Accordingly, the Court orders that:

   1.The Plaintiff’s claim is dismissed.

   2.By 4pm on 6 October 2023, the parties are to confer as to proposed orders as to costs.

   3.If proposed orders cannot be agreed, then:

   (a)    By 4pm on 13 October 2023, the Defendants are to file submissions of no more than 10 pages as to costs.

   (b)    By 4pm on 27 October 2023, the Plaintiff is to file submissions in response of no more than 10 pages as to costs.

   (c)    By 4pm on 1 November 2023, the Defendants are to file a reply of no more than 5 pages as to costs.