ELLAVALE ENGINEERING PTY. LIMITED v. PILGRIM [2005] NSWCA 272
A worker employed in or about a coal mine, regardless of employer, is a 'coal miner' for the purposes of Sch 6 Pt 18 of the Workers Compensation Act 1987 (NSW), and entitled to enhanced statutory benefits; no basis exists for implying words limiting entitlement to those employed by the mine operator.
- Parties
- Appellant: Ellavale Engineering Pty. Limited; Respondent: Dean Pilgrim
- Jurisdiction
- Australia
- Judgment Date
- 19 August 2005
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Definition of 'coal Miner', Interpretation of 'employed in or About a Coal Mine', Statutory Benefits Entitlement, Implied Words in Legislation
Case Brief
Summary, issues, holding and outcome
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Parties
Ellavale Engineering Pty. Limited
Appellant
Dean Pilgrim
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the respondent was a 'coal miner' for the purposes of Schedule 6 Part 18 Workers Compensation Act 1987 (NSW)
- 2 Whether respondent was employed 'in or about a coal mine'
- 3 Whether words 'by the mine operator' should be implied into the statute
Ratio Decidendi
A worker employed in or about a coal mine, regardless of employer, is a 'coal miner' for the purposes of Sch 6 Pt 18 of the Workers Compensation Act 1987 (NSW), and entitled to enhanced statutory benefits; no basis exists for implying words limiting entitlement to those employed by the mine operator.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs
Full Case Text
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