Davies v Whitehaven Coal Mining Ltd [2019] NSWSC 1125

Davies v Whitehaven Coal Mining Ltd [2019] NSWSC 1125

Although it was reasonably foreseeable that requiring an operator to mount and descend from the modified LHD involved a risk of slipping or falling, Mr Davies did not prove that Whitehaven failed to take reasonable care. The ladder and handholds were adequate safeguards when used with appropriate caution and three...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 August 2019
Procedural Posture
Common Law Workplace Injury Claim in Negligence and Breach of Statutory Duty / Principal Judgment After Hearing; Liability Determined and Verdict and Judgment Entered for the Defendant
Outcome
Verdict and judgment for the defendant.
Legal Topics
["employer's Duty of Care" 'workplace Injury in Underground Coal Mine' 'breach of Duty' 'risk Assessment' 'safe System of Work' 'contributory Negligence' 'causation' 'assessment of Damages' 'workers Compensation Deductions']
['tort Law' 'employment Law' 'workers Compensation' 'personal Injury'] ["employer's Duty of Care" 'workplace Injury in Underground Coal Mine' 'breach of Duty' 'risk Assessment' 'safe System of Work' 'contributory Negligence' 'causation' 'assessment of Damages' 'workers Compensation Deductions']

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Procedural Posture

Common Law Workplace Injury Claim in Negligence and Breach of Statutory Duty / Principal Judgment After Hearing; Liability Determined and Verdict and Judgment Entered for the Defendant

Legal Issues

  1. 1 ['Whether Whitehaven breached its duty of care or any statutory duty by modifying the LHD engine compartment cover so that Mr Davies had to climb onto the LHD to close it after refuelling and rewatering.' 'Whether there were reasonably practicable precautions that Whitehaven should have taken to eliminate or reduce the risk of Mr Davies slipping or falling while descending from the LHD.' 'Whether the incident on 8 August 2014 was a separate unrelated injury or a consequence of the injury suffered on 2 June 2011.' 'If liability were established, whether Mr Davies was contributorily negligent and how damages should be assessed.']

Ratio Decidendi

Although it was reasonably foreseeable that requiring an operator to mount and descend from the modified LHD involved a risk of slipping or falling, Mr Davies did not prove that Whitehaven failed to take reasonable care. The ladder and handholds were adequate safeguards when used with appropriate caution and three points of contact, Mr Davies was trained and experienced, he knew and used the relevant safety processes including Take 5, and the proposed additional measures such as a platform were not shown to be reasonably practicable or to eliminate the risk. A formal risk assessment would not have required further control measures. Accordingly Whitehaven was not negligent and no breach of...

Court Disposition

Verdict and judgment for the defendant.

Orders

  • ['There be verdict and judgment for the defendant.']