Wright v New England Antimony Mines NL [2003] NSWSC 735

Reported Decision : (2003) Aust Torts Reports 81-716

New South Wales Supreme Court

CITATION : Wright v New England Antimony Mines NL [2003] NSWSC 735 HEARING DATE(S) : 5-9, 12-16 May 2003 JUDGMENT DATE : 12 August 2003 JURISDICTION: Common Law JUDGMENT OF : Burchett AJ at 1 DECISION : That the Plaintiff bring in, on a date to be fixed, short minutes of orders including entry of verdict for the Plaintiff.

CATCHWORDS : Torts - personal injuries claim against employer - accidents in mine - additional claim for Raynaud's phenomenon caused by use of vibrating drills - effect of safety bulletins of Western Australia Mines Department as statements of responsible professional opinion about mining practices - defence that safer method would have been uneconomic in marginal operation - principles - what was involved in statutory duty of training as regards safety precautions - effect on damages of pt 5 of Workers Compensation Act 1987 NSW where separate accidents had occurred Mines Inspection Act 1901, s56 LEGISLATION CITED : Mines Inspection General Rule 1994, cl7, cl23 Workers Compensation Act 1987, s151G, s151H, s151M Bankstown Foundry Proprietary Limited v Braistina (1986) 160 CLR 301 Fox v Wood (1981) 148 CLR 438 Graham Barclay Oysters Pty Ltd v Ryan (2002) 77 ALJR 183 CASES CITED : Griffiths v Kerkemeyer (1977) 139 CLR 161 Leppington Pastoral Co Pty Limited v Juweinat [2002] NSWCA 228 State Rail Authority of New South Wales v Cowan [2003] NSWCA 147 Woolage v The State of New South Wales [2001] NSWCA 256 Wyong Shire Council v Shirt (1980) 146 CLR 40 PARTIES : Mr Donald Edmund Wright New England Antimony Mines NL FILE NUMBER(S) : SC 20855/01 COUNSEL : Mr P Semmler QC with Mr C Hickey for the Plaintiff Mr C Hoeben SC with Mr G Butler for the Defendnat SOLICITORS : Abbott Pardy & Jenkins Solicitors for the Plaintiff TurksLegal for the Defendant