What happened
On 29 July 2017, three mechanics employed by Titan were servicing a bulldozer at Mt Owen's Glendell open-cut mine. They worked under a Mt Owen supervisor and a detailed Mt Owen job safety analysis while taking oil samples. When one mechanic suddenly dropped the blade, the track flicked upward and crushed the plaintiff's right leg against the access platform; the operator's negligence and its causal role were not disputed.
The issues
The main issue was whether the negligent mechanic had become Mt Owen's employee pro hac vice, rather than remaining under Titan's control for vicarious-liability purposes. Titan's cross-appeal asked whether its own duty was breached because the existing job safety analysis did not repeat a specific prohibition on blade movement during oil sampling, and whether any such omission caused the accident.
The court's decision
The Court dismissed Mt Owen's appeal because its contractual authority, detailed safety system and site supervision gave it control over both what was done and how it was done. By majority, Brereton JA and Kirk JA allowed Titan's cross-appeal: the existing procedure adequately required workers to be outside the machine footprint before movement, and it was not proved that repeating the rule would have prevented a breach by an operator who already knew it. The trial award of AUD 2,050,953 therefore remained payable by Mt Owen, while judgment was entered for Titan on the worker's claim against it.
Understanding the figures
The primary judge awarded AUD 2,050,953 to the injured worker. Quantum was not challenged in the 2023 appeal, and Mt Owen's liability for that award remained when its appeal was dismissed. Because the majority removed Titan's liability, the figure should not be described as a final appellate apportionment between the two companies.
What this case shows
The decision shows that in modern labour-hire arrangements, legal and practical authority over task allocation, safety systems and supervision can outweigh the identity of the payroll employer when vicarious liability is assigned. It also demonstrates that a legal employer's non-delegable duty does not dispense with proof of a specific breach and causation; failure to repeat an already understood safety rule is not automatically actionable.
Why another case may differ
The result depended on a skilled worker placed at the mine for years, Mt Owen's contractual power to direct labour, its detailed safety documents and its supervisor's real authority to intervene. It does not make every labour-hire worker an employee pro hac vice of the host; the degree of control remains fact-specific. AUD 2,050,953 was the unchallenged trial damages award preserved on appeal, not a fresh appellate assessment or a statutory coal-miner compensation award.
Applying it to your claim
Different facts, evidence or procedures, an appeal, or a change in the law may affect how this decision applies. This is general information, not a report of a case handled by Park & Co Lawyers.
Considering a second opinion? →