Roche Mining Pty Limited v Graeme Wayne Jeffs [2011] NSWCA 184

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Roche Mining Pty Limited v Graeme Wayne Jeffs [2011] NSWCA 184 Hearing dates: 10 June 2011 Decision date: 06 July 2011 Before: McColl JA at [1], Basten JA at [93], Tobias AJA at [108] Decision: Appeal dismissed with costs [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: NEGLIGENCE - breach of duty of care - whether mine operator breached duty of care to plaintiff employee of labour hire company - plaintiff fell from steep ladder on dump truck while gaining access to its cabin - ladder too steep and lacking handrail extending to prescribed height in breach of Australian Standards - whether conclusion of breach made with hindsight

NEGLIGENCE - breach of duty of care - defect in means of access to cabin of dump truck - design flaw in vehicle manufactured by reputable business - whether mine operator breached duty of care

NEGLIGENCE - breach of duty of care - where risk that person in the plaintiff's position could fall from the ladder while climbing - whether reasonable person in position of mine operator would have taken precaution of installing transverse stair access system - relevance of common practice - relevance of Australian Standards - ss 5B, 5C, Civil Liability Act 2002 (NSW)

NEGLIGENCE - causation - whether primary judge could conclude as a matter of direct evidence or legitimate inference that installation of transverse stair access system would have prevented or minimised plaintiff's injuries- s 5E, Civil Liability Act 2002 (NSW)