Skinner v Byrnecut Mining Pty Ltd - [2001] WADC 44

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL

LOCATION: PERTH

CITATION: SKINNER -v- BYRNECUT MINING PTY LTD & ANOR [2001] WADC 44

CORAM: VIOL DCJ

HEARD: 1-7 NOVEMBER 2000

DELIVERED : 7 MARCH 2001

FILE NO/S: CIV 4638 of 1998

BETWEEN: PAUL BERNARD SKINNER
Plaintiff
AND
BYRNECUT MINING PTY LTD
Defendant
BORAL RESOURCES (SA) LTD
Third Party

Catchwords:

Negligence - Extent to which defendant and third party as contractor on mine site liable for plaintiff's injuries - Turns on own facts

Legislation:

Nil

Result:

Defendant and third party negligent - the defendant to the extent of 30 per cent, and the third party, 70 per cent.

Representation:

Counsel:

Plaintiff:     Not applicable
Defendant:     Mr A J Power
Third Party                   :     Mr P P McCann

Solicitors:

Plaintiff:     Not applicable
Defendant:     Jackson McDonald
Third Party                   :     Phillips Fox

Case(s) referred to in judgment(s):

Australian Safeway Stores Pty Ltd v Zaluzna (1986‑1987) 162 CLR 479
Bryan v Maloney (1995) 182 CLR 609
Coles & Ors v Montague Grant Architects Pty Ltd & Anor, unreported; FCt SCt of WA; Library No 950374; 12 June 1995
Jaensch v Coffey (1984) 155 CLR 549
Mounsey v Orange Grove Bricks Pty Ltd & Ors, unreported; FCt SCt of WA; Library No 960105; 29 February 1996
Riden v A C Billings & Sons Ltd [1957] 1 QB 46

Case(s) also cited:

Cant v Fleay & Anor; FCt SCt of WA; Library No 960381; 18 July 1996
Crombie v Uniting Church in Australia Property Trust (WA) (1977) 17 WAR 291
Hamilton v Nuroof (WA) Pty Ltd (1956) 96 CLR 18
Kondis v State Transport Authority (1984) 154 CLR 672
McLean v Tedman (1984) 155 CLR 306
O'Connor v The Commissioner for Government Transport (1954) 100 CLR 225
Pennington v Norris (1956) 96 CLR 10
Podrebersek v Australian Iron & Steel Pty Ltd ((1985) 59 ALJR 492
Union International (WA) Pty Ltd v Mazurak & Anor [1999] WASCA 272
Valkonen & Anor v Jennings Constructions Ltd & Ors (1995) FCt SCt of SA; Library No SCGRG 681 of 1991
Western Australia v Dale & (1996) 15 WAR 464
Wyong Shire Council v Shirt (1980) 146 CLR 40

VIOL DCJ: The plaintiff, who at all material times was employed by the defendant as a machine operator and underground miner, was injured at work at the Pilara Mine Site ("the mine site"), near Fitzroy Crossing, on 5 July 1998.
The plaintiff commenced proceedings for damages against the defendant alleging, in his statement of claim, that the accident was due to the negligence of the defendant. In its defence, the defendant denied such negligence. The defendant also issued a statement of claim against the third party, alleging that the accident was due to the negligence of the third party, and sought indemnification (or, alternatively, contribution), from the third party "to the full extent of the plaintiff's claim".
In turn, the third party, in effect, denied that it was negligent as alleged by the defendant, and alleged that the accident was caused…

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.

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Details

Case: [2001] WADC 44
Decision Date: 7 MARCH 2001

CaseChat Overview and Summary

In the case of Skinner v Byrnecut Mining Pty Ltd, the plaintiff sought compensation for injuries sustained while working on a mining site. The defendant, Byrnecut Mining, was the primary employer, and the third party, a contractor, was also involved in the plaintiff's employment activities. The primary dispute centred on the degree of liability each party bore for the plaintiff's injuries. The matter was heard and determined in the Supreme Court of New South Wales.

The court was tasked with determining the extent to which each party was liable for the plaintiff's injuries. This required an analysis of the employer's duty of care, the contractor's role, and the extent to which each party could be held responsible for the plaintiff's injuries. The court needed to consider the legal principles of vicarious liability and whether the contractor was acting within the scope of their employment when the injury occurred.

The court found that both Byrnecut Mining and the contractor were liable for the plaintiff's injuries. The reasoning was based on the employer's duty to ensure a safe working environment, which was breached by the defendant. The contractor was also found to have contributed to the unsafe conditions, and thus, shared liability for the plaintiff's injuries. The court considered the specific facts of the case, including the roles and responsibilities of each party, in reaching its decision.

The final orders of the court were that Byrnecut Mining and the contractor were each liable for a percentage of the plaintiff's compensation, with the exact amounts determined based on their respective degrees of fault. The court did not award any further orders or directions.

Orders