Conley v Daracon Mining Pty Limited [2010] NSWDC 256

New South Wales District Court

CITATION: Conley v Daracon Mining Pty Limited [2010] NSWDC 256 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 22 September 2010 - 24 September 2010

JUDGMENT DATE: 12 November 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

DECISION: The proceedings are adjourned to be a date to be fixed to deal with issues relating to the assessment of the plaintiff's non economic loss, costs and interest.

CATCHWORDS: INDUSTRIAL INJURY - Driver of 200 tonne haulage vehicle - Conditions of haul roads within coal mine - Reasonable requirements for maintenance - Apportionment of liability between plaintiff's employer and coal mine operater - Causation in light of evidence of pre-existing degenerative spine - Indemnification of employer under coal mines insurance policy

Civil Liability Act 2002 Coal Mine Health & Safety Act 2002 LEGISLATION CITED: Coal Mine Health & Safety Regulation 2006 Occupational Health & Safety Act 2000 Occupational Health & Safety Regulation 2001 Workers Compensation Act 1987

CASES CITED: Makita (Australia) Pty Limited v Sprowles (2001) 52 NSWLR 705 Watts v Rake (1960) 108 CLR 158

TEXTS CITED: Guide to Reviewing Risk Assessment of Mine Equipment and Regulations, NSW Department of Mineral Resources, MDG-1010, May 1997 Bad Vibrations, a Handbook on Whole-Body Vibration Exposure in Mining, Joint Coal Board Safety Trust

Desmond Keith Conley (Plaintiff) PARTIES: Daracon Mining Pty Limited (First Defendant / First Cross-Defendant / Second Cross-Claimant) Rio Tinto Coal (NSW) Pty Limited (Second Defendant / First Cross-Claimant) Coal Mines Insurance Pty Limited (Second Cross-Defendant)