NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Quinn v Coal Mine Services Pty Limited [2012] NSWSC 1158 Hearing dates: 17-20 September 2012 Decision date: 27 September 2012 Jurisdiction: Common Law Before: Adamson J Decision: (1) Judgment for the defendants. (2) Dismiss the cross-claims. (3) Direct that any party who, or which, seeks a costs order different from that set out in (4) below, make such application within seven days of these reasons. (4) If no application is made within seven days for an order different to that set out in (3) above, order that the plaintiff pay the defendants costs of the proceedings. Catchwords: TORT - negligence - breach of duty of care - whether failure to install railing or other protective devices on mining machinery unreasonable in the circumstances
TORT - negligence - damages - causation - question of apportionment between pre-existing condition and supervening events
PRACTICE AND PROCEDURE - evidence - admissibility - whether unidentified author of comment in a business record had personal knowledge of matters set out in the document Legislation Cited: - Civil Liability Act 2002 - Evidence Act 1995 - Workers Compensation Act 1987 Cases Cited: - Stevens v Brodribb Sawmilling Company Pty Ltd [1986] HCA 1; 160 CLR 16 - Rockdale Beef Pty Ltd v Carey [2003] NSWCA 132 - TNT Australia Pty Ltd v Christie [2003] NSWCA 47; 65 NSWLR 1 - Lithgow City Council v Jackson [2011] HCA 36; 224 CLR 352 - Wolfenden v International Theme Park Pty Limited [2008] NSWCA 78 - Watts v Rake [1960] HCA 58; 108 CLR 158 - Austin v Director-General of Education (unreported, Court of Appeal: Kirby P, Clarke and Powell JJA, 21 July 1994) - Laxy v IBM Australia Pty Limited (1992) 35 FCR 79 - Ramsay v Watson [1961] HCA 65; 108 CLR 642 - Fox v Wood [1981] HCA 41; 148 CLR 438 Category: Principal judgment Parties: Kyle Joseph Quinn (Plaintiff) Coal Mine Services Pty Limited (1st Defendant) Centennial Mandalong Pty Limited (2nd Defendant) Representation: Counsel: D Benson (Plaintiff) J Gleeson QC/ P Menary (1st Defendant) G Curtin SC/ D Talintyre (2nd Defendant) Solicitors: Slater & Gordon (Plaintiff) DLA Piper (1st Defendant) Winter, Hilditch & Fotheringham (2nd Defendant) File Number(s): 2009/333025
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