Select Civil (Kiama) Pty Ltd v Kearney [2012] NSWCA 320

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Select Civil (Kiama) Pty Ltd v Kearney [2012] NSWCA 320 Hearing dates: 11 September 2012 Decision date: 05 October 2012 Before: Allsop P at [1]; Macfarlan JA at [2]; Tobias AJA at [25] 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: WORKERS COMPENSATION - worker injured whilst undertaking site rehabilitation at a coal mine where operations had been discontinued - whether worker was a "coal miner" for the purpose of Pt 18 Clause 3(1) of Schedule 6 to the Workers Compensation Act 1987 - whether site of employment was a "mine" to which the Coal Mines Regulation Act 1982 applied - whether mine had been abandoned - whether rehabilitation of site occurred "in connection with mining" for the purpose of the definition of "mine" in s 5(1) Legislation Cited: Coal Mine Health and Safety Act 2002 Coal Mines Regulation Act 1982 Workers Compensation Act 1987 Workers Compensation Legislation Further Amendment Act 2001 Cases Cited: Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456; 43 FCR 280 Cudgen R.Z. Ltd v Valuer-General (1974) 1 NSWLR 81 and (1974) 2 NSWLR 75 Re his Honour Warden Calder SM; Ex parte Lee [2007] WASCA 161 Re Nanaimo Community Hotel Ltd [1944] 4 DLR 638 Texts Cited: The Macquarie Dictionary, 5th ed (2009) Category: Principal judgment Parties: Select Civil (Kiama) Pty Ltd (Appellant) Michael Kearney (Respondent) Representation: Counsel: I D Roberts SC/P J Menary (Appellant) H N Kelly SC/T F McKenzie (Respondent) Solicitors: DLA Piper Australia (Appellant) Taylor & Scott Lawyers (Respondent) File Number(s): CA 2009/338134 Decision under appeal Citation: Michael Kearney v Select Civil (Kiama) Pty Ltd Date of Decision: 2011-06-15 00:00:00 Before: McLoughlin DCJ File Number(s): DC 2009/5108