Hawkins v Donaldson Coal Pty Limited & Ors [2010] NSWDC 196

New South Wales District Court

CITATION: Hawkins v Donaldson Coal Pty Limited & Ors [2010] NSWDC 196

HEARING DATE(S): 15-18 March 2010

JUDGMENT DATE: 9 September 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1) Verdict for the defendant. DECISION: 2) The plaintiff is to pay the defendant's costs of the proceedings. This order is suspended for a period of seven days to allow either party to list the matter for further argument on the issue of costs. 3) The exhibits will be retained for 28 days. 4) My reasons are published.

CATCHWORDS: MOTOR VEHICLE ACCIDENT - Haulage truck exceeding speed limit of which certified to travel on mine site - Responsibility of certifier to ensure limits imposed were observed - Scope of service provided by certifier - Contributory negligence in lighting cigarette while driving fully laden coal truck at speed - Assessment of damages - Whether buffer against income loss warranted where no current decrease in income - Care Needs

Coal Mine Health & Safety Act 2002 LEGISLATION CITED: Coal Mines Regulation Act 1982 Civil Liability Act 2002

CASES CITED: Fox v Wood (1981) 148 CLR 438

TEXTS CITED: NSW Department of Primary Industries, Guideline for Mobile and Transportable Equipment for Use in Mines (1992)

Andrew Hawkins (Plaintiff) Donaldson Coal Pty Limited (First Defendant) Allianz Australia Insurance Limited (Second Defendant) PARTIES: WBW Haulage Pty Limited (Third Defendant) Zurich Australian Insurance Limited (Forth Defendant) R K Findlay Pty Limited (Fifth Defendant) Bloomfield Collieries Pty Limited (Sixth Defendant)