Williams v Mt Isa Mines Ltd [2001] QCA 101

Williams v Mt Isa Mines Ltd [2001] QCA 101 (20 March 2001)

SUPREME COURT OF QUEENSLAND

CITATION:

Williams v Mt Isa Mines Ltd [2001] QCA 101

PARTIES:

GREGORY LYALL WILLIAMS

(plaintiff/appellant)

v

MOUNT ISA MINES LIMITED (ACN 009 661 447)

(defendant/respondent)

FILE NO/S:

Appeal No 5660 of 2000

SC No 26 of 1997

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

Supreme Court at Mount Isa

DELIVERED ON:

20 March 2001

DELIVERED AT:

Brisbane

HEARING DATE:

9 March 2001

JUDGES:

McMurdo P, Williams JA and Ambrose J

Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Appeal dismissed with costs

CATCHWORDS:

EMPLOYMENT LAW - THE CONTRACT OF SERVICE AND RIGHTS, DUTIES AND LIABILITY AS BETWEEN EMPLOYER AND EMPLOYEE - LIABILITY OF EMPLOYER FOR INJURY TO EMPLOYEE AT COMMON LAW - SUPERVISION AND INSTRUCTION - whether employer breached its duty of care in failing to instruct employee in the mode of egress from a vehicle used in the course of employment - whether there existed circumstances that made a specific warning or special training necessary.

Anderson v Mount Isa Basketball Association Inc [1997] Aust Tort Rep 81-451, distinguished

Bus v Sydney County Council [1989] HCA 29; (1988-89) 167 CLR 78, considered

Cross v TNT Management Pty Ltd [1987-88] 46 SASR 105, distinguished

McLean v Tedman [1984] HCA 60; (1983-84) 155 CLR 306, considered

Mclean's Roylen Cruises Pty Ltd v McEwan [1954] HCA 43; (1984) 54 ALR 3, considered

The Council of the Shire of Wyong v Shirt & Ors [1980] HCA 12; (1979-80) 146 CLR 40, considered

Turner v The State of South Australia (1982) 56 ALJR 839, considered

Webb v The State of South Australia (1982) 56 ALJR 912, considered

COUNSEL:

R J Douglas SC for the appellant

R A I Myers for the respondent

SOLICITORS:

V R Moffatt & Associates for the appellant

Thynne & Macartney for the respondent