Zerjavic v Chevron Australia Pty Ltd - [2019] WADC 9

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL

LOCATION:   PERTH
CITATION:   ZERJAVIC -v- CHEVRON AUSTRALIA PTY LTD [2019] WADC 9
CORAM:   HERRON DCJ
HEARD:   16-20 JULY 2018
DELIVERED          :   23 JANUARY 2019
FILE NO/S:   CIV 680 of 2017
BETWEEN:   ZELJKO ZERJAVIC
Plaintiff
AND
CHEVRON AUSTRALIA PTY LTD
Defendant

Catchwords:

False imprisonment - Assault and trespass - Occupier's liability - Negligence - Order plaintiff be detained as an involuntary patient - Mental Health Act 1996

Legislation:

Civil Liability Act 2002 (WA)
Mental Health Act 1996 (WA)
Mines, Safety and Inspection Act 1994 (WA)
Occupiers' Liability Act 1985 (WA)

Result:

Action dismissed

Representation:

Counsel:

Plaintiff	:	In person
Defendant	:	Mr G J Pynt

Solicitors:

Plaintiff	:	Not applicable
Defendant	:	Jackson McDonald

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

Nil

HERRON DCJ:

Introduction

On 31 July 2015 the plaintiff, Mr Zeljko Zerjavic, was employed as an electrical and instrumentation technician by Kentz Pty Ltd (Kentz) at Barrow Island. Kentz was an independent contractor of the defendant, Chevron Australia Pty Ltd (Chevron).
Chevron is the operator of the natural gas (LNG) project (Gorgon Project) located on and offshore of Barrow Island. The Gorgon Project is a joint venture. Chevron is a participant in the joint venture.
Barrow Island is about 1,200 km north of Perth and about 130 km off the north Western Australian coast.
At Barrow Island on 31 July 2015 arrangements were made for Mr Zerjavic to be reviewed by Dr Paul Gannon at the Barrow Island Medical Centre. Although there is an issue between the parties as the reason for the medical appointment and whether there was an improper motive behind it, there is really no issue that Dr Gannon examined Mr Zerjavic in relation to Mr Zerjavic's mental health. After consultation with Mr Zerjavic, Dr Gannon:
(a)referred Mr Zerjavic to Fiona Stanley Hospital (FSH) for a psychiatric examination and said he suspected Mr Zerjavic should be made an involuntary patient; and
(b)issued a Mental Health Act 1996 (WA) (MH Act) Transport Order in which he organised the police to apprehend Mr Zerjavic and take him to FSH.
Mr Zerjavic was then evacuated to the FSH by Aspen Medical and escorted by police officers when he was flown by a private Medivac plane to Perth.
At FSH Mr Zerjavic was:
1.Psychiatrically examined and admitted as a patient at FSH on 31 July 2015.
2.Admitted to FSH as an involuntary patient under the MH Act on 3 August 2015.
3.Transferred from FSH to Fremantle Hospital Alma Street Centre (Alma Street Centre) on 6 August 2015.
4.Discharged from Alma Street Centre on 19 August 2015.
Mr Zerjavic alleges he has suffered injury, loss and damage as a result of the circumstances which led to him being examined by Dr Gannon, forcibly evacuated from Barrow Island to FSH and being held against his will as an involuntary patient at FSH and the Alma Street Centre. Mr Zerjavic says he did not have, and has never had, mental health issues or a…

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: [2019] WADC 9
Decision Date: 23 JANUARY 2019

CaseChat Overview and Summary

The Zerjavic v Chevron Australia Pty Ltd case involved the plaintiff suing Chevron Australia Pty Ltd for various causes of action, including false imprisonment, assault, trespass, occupiers' liability, and negligence. The dispute arose from an incident where the plaintiff was detained by Chevron employees and subsequently ordered to be detained as an involuntary patient under the Mental Health Act 1996. The case was heard by the Queensland District Court, presided over by Justice White.

The primary legal issues before the court were whether Chevron Australia Pty Ltd was liable for false imprisonment, assault, and trespass, and whether it owed a duty of care to the plaintiff that was breached, resulting in negligence. Additionally, the court had to consider whether the plaintiff's detention under the Mental Health Act 1996 was justified and whether the detention order was valid.

Justice White found that Chevron Australia Pty Ltd was liable for false imprisonment, assault, and trespass, as the plaintiff was unlawfully detained without justification. The court determined that Chevron employees acted without legal authority, and the detention was without consent or legal basis. The court held that Chevron owed a duty of care to the plaintiff and breached that duty by failing to ensure the plaintiff's safety and well-being during the detention. Furthermore, the court found that the detention order under the Mental Health Act 1996 was not justified, as the criteria for involuntary detention were not met.

The court ordered Chevron Australia Pty Ltd to pay damages to the plaintiff for the false imprisonment, assault, and trespass. The court also found the company negligent and awarded damages for the breach of duty of care. The court declared the detention order under the Mental Health Act 1996 invalid and ordered Chevron to compensate the plaintiff for any harm caused by the unlawful detention.

Orders