Waratah Engineering Pty Ltd v Baggs [2013] NSWCA 427

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Waratah Engineering Pty Ltd v Baggs [2013] NSWCA 427 Hearing dates: 12 August 2013 Decision date: 11 December 2013 Before: Basten JA at [1]; Meagher JA at [10]; Sackville AJA at [42] Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) Set aside the order made by Marks ADCJ on 2 November 2012. (4) Order that the question whether the respondent was at the time of his accident on 12 July 2010 a "coal miner" for the purpose of the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998 be answered in the negative. (5) Order that the respondent pay the applicant/appellant's costs of the appeal. [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 - coal miners - interpretation of Workers Compensation Act 1987, Sch 6 Pt 18 Cl 3(4) - respondent, who was employed by a supplier of mining equipment, injured in motor vehicle accident while travelling to coal mine to instruct miners in use of equipment - whether, at time of injury, respondent a worker employed "in or about a mine" Legislation Cited: Coal Mine Health and Safety Act 2002 Coal Mines Regulation Act 1982, s 5 Evidence Act 1995, s 144 Mining Act 1898 (Qld), s 218 Workers Compensation Act 1897 (UK), ss 1, 5 Workers Compensation Act 1926, ss 11, 15 Workers Compensation Act 1987, Sch 6 Pt 18 Cl 3, ss 3, 10, 11, 35, 150A, 151E-151IA, 151U, 282 Workers Compensation Amendment Act 2001 (No 61) Workers Compensation Legislation Further Amendment Act 2001 (No 94) Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Atkinson v Lumb [1903] 1 KB 861 Back v Dick Kerr & Co Ltd [1906] AC 325 Chambers v Whitehaven Harbour Commissioners [1899] 2 QB 132 Comcare v PVYW [2013] HCA 41; 303 ALR 1 Ellavale Engineering Pty Ltd v Pilgrim [2005] NSWCA 272; 2 DDCR 744 Griffin v The Houlder Line, Ltd [1904] 1 KB 510 Hatzimanolis v ANI Corporation Ltd [1992] HCA 21; 173 CLR 473 Owens v Campbell [1904] 2 KB 60 Powell v Brown [1899] 1 QB 157 R v Neil; Ex parte Cinema International Corporation Pty Ltd [1976] HCA 11; 134 CLR 27 Taylor v The Cecil Syndicate, Ltd [1906] St R Qd 324 Category: Principal judgment Parties: Waratah Engineering Pty Ltd (Applicant) Mark Wayne Baggs (Respondent) Representation: Counsel: I Roberts SC, S Lowe (Applicant) J Sexton SC (Respondent) Solicitors: Moray & Agnew (Applicant) Lee Sames Egan (Respondent) File Number(s): 2012/371734 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-11-02 00:00:00 Before: Marks ADCJ File Number(s): 2012/42734