NSW Caselaw
New South Wales Supreme Court
CITATION : Jeffs v Rio Tinto Limited and Anor [2010] NSWSC 1046
HEARING DATE(S) : 19.07.2010; 20.07.2010; 21.07.2010; 22.07.2010
JUDGMENT DATE : 20 September 2010
JUDGMENT OF : Hoeben J
DECISION : Judgment in favour of the plaintiff in the sum of $1,205,601.20. Defendant is to pay the plaintiff's costs of the proceedings.
CATCHWORDS : TORTS - negligence - duty of care - duty owed by mine operator to employee of labour hire company - existence of duty and content of duty - Leighton Contractors Pty Limited v Fox [2009] HCA 35 - application of that case - standard of care - assumption by mine operator of responsibility to supervise - knowledge of defect in system - what was required to meet standard of care - whether breach of duty established - TORTS - adjustment of liability between mine operator and employer - non-delegable duty of employer owed to employee - TORTS - contributory negligence - experienced plant driver - attempting to implement unsafe system of work - DAMAGES - application of Civil Liability Act 2002 and Workers Compensation Act 1987, s 151Z(2) - DAMAGES - effect of medical evidence - effect of observations made of plaintiff.
Civil Liability Act 2002 LEGISLATION CITED : Coalmines Regulations Act 1982 Workers Compensation Act 1987
CATEGORY : Principal judgment
Commissioner of Railways v Ruprecht (1979) 142 CLR 563 Leighton Contractors Pty Limited v Fox, Calliden Insurance Limited v Fox [2009] HCA 35, (2009) 240 CLR 1 CASES CITED : McLean v Tedman & Anor (1984) 155 CLR 307 Pacific Steel Constructions Pty Limited v Barahona; Jigsaw Property Group Pty Limited v Barahona [2009] NSWCA 406 Stevens v Brodribb Sawmilling Co Pty Limited (1986) 160 CLR 16 Unilever Australia Limited v Pahi & Anor; Swire Cold Storage Pty Limited v Pahi & Anor [2010] NSWCA 149
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