Coalroc Contractors Pty Ltd v Matinca (No 2) [2023] NSWCA 127

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Coalroc Contractors Pty Ltd v Matinca (No 2) [2023] NSWCA 127 Hearing dates: 17 May 2023 Decision date: 08 June 2023 Before: Meagher JA at [1]; Mitchelmore JA at [2]; Adamson JA at [3] Decision: (1) Allow the appeal. (2) Set aside the judgment of Campbell J ordered on 30 June 2022 and, in its place, order judgment for the defendant. (3) Make no order as to the costs of the second respondent. (4) Otherwise reserve the costs of the appeal and of the hearing before the primary judge. (5) Grant leave to the appellant to make an application with respect to costs, such application to be made in writing by notice of motion, together with any affidavit in support and submissions to be relied upon within 14 days of the date of these orders, following which directions will be made as to any responses. Catchwords: NEGLIGENCE — Duty of care — single motor vehicle accident — employee driving home from successive 12 hour shifts at coal mine — employee sued employer for damages for negligence — scope of duty — whether duty extends to travelling home from workplace — whether duty owed by employer to insist on employee providing travel management plan for journey home NEGLIGENCE — Causation — whether accident caused by work-induced fatigue — whether rest break of 20 to 30 minutes would have eliminated risk of injury — whether plan would have been followed by employee Legislation Cited: Civil Liability Act 2002 (NSW), ss 3B(1)(f), 5D(3)(b) Workers Compensation Act 1987 (NSW), s 282, Schedule 6, Part 18, Clause 3, Division 2, Division 3, Part 5 Workers Compensation Further Amendment Act 2001 (NSW) Cases Cited: ACI Metal Stamping and Spinning Pty Ltd v Boczulik (1964) 110 CLR 372; [1964] HCA 26 Bendix Mintex Pty Ltd v Barnes (1997) 42 NSWLR 307 Commercial Union Assurance Co of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Coalroc Contractors Pty Ltd v Matinca [2023] NSWCA 83 Crimmins v Stevedoring Industry Finance Committee (1999) 200 CLR 1; [1999] HCA 59 Gates v The City Mutual Life Assurance Society Limited (1986) 160 CLR 1; [1986] HCA 3 Kerle v BM Alliance Coal Operations Pty Limited [2016] QSC 304; (2016) 262 IR 381 Leighton Contractors Pty Ltd v Fox (2009) 240 CLR 1; [2009] HCA 35 Rosenberg v Percival (2001) 205 CLR 434; [2001] HCA 18 Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16; [1986] HCA 1 Sydney County Council v Furner (1991) 7 NSWCCR 210 Category: Principal judgment Parties: Coalroc Contractors Pty Ltd (Appellant) Troy Anthony Matinca (First Respondent) Burke & Mead Lawyers Pty Ltd (Second Respondent) Representation: Counsel: M T McCulloch SC / D Stanton (Appellant) No appearance (First Respondent) A J Stone SC / J L Magee (Second Respondent)