High Court of Australia
IN. THE HIGH COURT OF AUSTRALIA
P.J. MURPHY
REASONS FOR JUDGMENT
Oral Judgment delivered at..... SY QNCY. eevee
on luesday 6th April 1971
P.J. MURPHY
ve
HUNTLEY COLLIERY
Pry. LfD.
ORDER
Appeal dismissed
with costs.
P.J. MURPHY
ve
HUNTLEY COLLIERY Pry. L&D.
(ORAL)
HUNDLEY COLLIERY pry, it
Suoreme
The appellant sued the respondent in
Court of New South Wales in three counts, one for what may be
celled common law negligence and two for breach of statutory
duty, namely, the breach of certain rules made under th
es Regulation Act 1912. The action was heard by a judg
jury. The learned trial judge was of the opinion that there was no evidence upon which the jury could find either a breach of the employer's duty to the appellant as its servant, or of some
fellow workman's duty towards the appellant, for whict
respondent could be liable. He was also of the opinion that
neither of the rules to which the second and third count
to return a verdict for the defendant. On appeal, the Court of
Appeal division was of the opinion that the trial judge was no
in error in the course he took or in the reasons
it.
The facts are simple: the appellant claims to
slipped on a patch of oil over which he had placed some, bud
he then accente
fs
apparently insufficient, coal dust, that being @ PP J > ? =
method of removing the hazard of slipoing on oil spilled on th
be @
roadway in amine. The oil had emitted from a fra
@
hose in a hydraulic system on a shuttle car,
at the relevant time at the side of
pellant, a fitter, was instructed
inches outside the ¢
where he would need
evidently to his satisfactio:
available. He says that whils
the noise of the working of the
serious injury to himself, The trial
conclusion that neither
tion Act were applicable to
car or to the Leakage of oil from the hose connected to it.
re, there was no, need to consider whether or not the
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