McGoldrick v Dendrobium Coal Pty Ltd

COURT OR TRIBUNAL

Supreme Court of New South Wales, Supreme Court of New South Wales - Court of Appeal

DATE FILED (OR FIRST HEARING DATE)

01/06/2021

LITIGATION TYPE

Access to Justice, Corporate Accountability

SUBJECT MATTER

Employment, Negligence and nuisance

REVIEW TYPE

Judicial review

SUMMARY

NEGLIGENCE — Damages — Workplace injury of mining engineer — Where breach admitted —Assessment of damages — Assessment of future economic loss, non-economic loss and past and future expenses

I formed the view during Mr Manz’s evidence that he genuinely held the view which he was telling the mine staff, that the proposed 2023 changes would create a more economically viable operation at the Appin Mine. He was personally persuaded by the plan and its prospect of success and sought to convey that message to the staff at the Appin Mine. But, his view was a prediction which necessarily included uncertainties – such as the price paid for coal remaining at a level which permitted profitable mining operations, that demand for coal from the Illawarra mines of South 32 remained (at least) at the existing levels, that any change brought about by South 32 dealing with climate change and its customers also dealing with climate change would have no adverse effect on the Illawarra mining operations, and further that South 32 management would not, after his departure, make any significant change to the reform plans.

The facts which I have found above, together with the uncertainties referred to, which together may have a possible adverse effect on the Illawarra mining operations lead me to conclude that I am not satisfied on the probabilities that the Appin Mine will continue to operate past the end of the existing lease in 2034, and further that it may well cease operations before then because it is not economically viable. I will factor these possibilities into the consideration of the plaintiff’s future work path.

Appeal dismissed. Catchwords: NEGLIGENCE — Damages — Workplace injury of mining engineer — Where liability admitted —Primary judge’s assessment of damages — Assessment of future economic loss, non-economic loss and future expenses — Whether House v The King error shown

CASE DOCUMENTS

McGoldrick v Dendrobium Coal Pty Ltd [2022] NSWSC 1341
Dendrobium Coal Pty Ltd v McGoldrick [2023] NSWCA 195