Williams v Mt Isa Mines Ltd

[2000] QSC 161

SUPREME COURT OF QUEENSLAND

CITATION:

Williams v Mt Isa Mines Ltd [2000] QSC 161

PARTIES:

GREGORY LYALL WILLIAMS
(Plaintiff)
v
MOUNT ISA MINES LIMITED
ACN 009 661 447
(Defendant)

FILE NO/S:

No 26 of 1997

DIVISION:

Trial Division

DELIVERED ON:

7 June 2000

DELIVERED AT:

Brisbane

HEARING DATE:

30 and 31 May, 1 June 2000

JUDGES:

de Jersey CJ

ORDER:

Judgment for the defendant against the plaintiff.
Costs including any reserved costs to be assessed.

CATCHWORDS:

EMPLOYMENT LAW – THE CONTRACT OF SERVICE AND RIGHTS, DUTIES AND LIABILITIES AS BETWEEN EMPLOYER AND EMPLOYEE – LIABILITY OF EMPLOYER FOR INJURY TO EMPLOYEE AT COMMON LAW – SAFE PLACE OF WORK

EMPLOYMENT LAW – THE CONTRACT OF SERVICE AND RIGHTS, DUTIES AND LIABILITIES AS BETWEEN EMPLOYER AND EMPLOYEE – LIABILITY OF EMPLOYER FOR INJURY TO EMPLOYEE AT COMMON LAW – SAFE AND ADEQUATE PLANT AND APPLIANCES

EMPLOYMENT LAW – THE CONTRACT OF SERVICE AND RIGHTS, DUTIES AND LIABILITIES AS BETWEEN EMPLOYER AND EMPLOYEE – LIABILITY OF EMPLOYER FOR INJURY TO EMPLOYEE AT COMMON LAW – SUPERVISION AND INSTRUCTION – claim for damages for injuries sustained in course of employment – plaintiff injured while alighting from Toyota Dyna truck – whether  particular step reasonably required of defendant in order to avoid unnecessary risk of injury –  whether truck inadequately equipped requiring modification – whether defendant reasonably required to instruct employees in alighting safely from such vehicles – quantum

Astley v Austrust Ltd (1998-9) 197 CLR 1, referred to
Brkovic v JA Clough & Son Pty Ltd (1983) 57 ALJR 834, referred to
Cross v TNT Management Pty Ltd (1987) 46 SASR 105, considered
Hill Douglas v Beverley, Appeal No 2829 of 1998, 18 December 1998, considered
McLean’s Roylen Cruises Pty Ltd v McEwan (1984) 54 ALR 3, considered
O’Connor v Commissioner for Government Transport (1954) 100 CLR 225, considered

COUNSEL:

K Dorney QC for the plaintiff
R Myers for the defendant

SOLICITORS:

VR Moffatt & Associates for the plaintiff
Thynne & Macartney for the defendant

1. de JERSEY CJ:   The plaintiff claims damages for injuries he suffered on 30 October 1995 in the course of his employment by the defendant.   The plaintiff then worked in a general capacity in the defendant’s parks and gardens department.  He was injured while alighting from a Toyota Dyna two tonne truck which he had driven to a particular location.  He sues in contract and tort, but has elected that his judgment be based in breach of contract, to avoid any diminution for alleged contributory negligence (Astley v Austrust Ltd (1998-9) 197 CLR 1).

1. I accepted the plaintiff’s account of how he sustained his injury.  Photographs of the truck are included in Ex 19.  The incident occurred in the early morning, at about 7.15am.  The plaintiff opened the door to the right.  He swung his body on the driver’s seat around to the right.  He could then see the recessed step on the outside of the cabin which could be used…