BHP wins orders to keep coal miner’s evidence out of Court
· Michael West
BHP has won orders in the Federal Court to keep coal miner Simon Turner’s evidence suppressed. Coal miner to appeal. Stephanie Tran reports.
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A former coal miner has filed an appeal against a Federal Court decision striking out his case against BHP Group, arguing he was denied procedural fairness after being refused the opportunity to file evidence.
Simon Turner lodged the appeal following last month’s ruling by the Federal Court, which dismissed his claims against BHP, labour hire firm Chandler Macleod, and Coal LSL, the government entity responsible for managing long service leave entitlements for coal workers.
The Court entered summary judgment for the respondents and imposed sweeping suppression orders over key court documents.
Turner contends that the primary judge erred in refusing leave to file evidence denying him procedural fairness as a self represented litigant.
Last night, at 9pm, Coal LSL filed a notice of objection to competency of appeal against Turner.
Suppression orders upheld
Turner sought to have the interlocutory suppression orders stayed pending the outcome of his appeal.
However, at a hearing on Friday, the court rejected that application and made final orders based on Justice Needham’s earlier judgment.
The decision means that key documents, including Turner’s pleadings, evidence and parts of the hearing transcript, will remain shielded from public access while the appeal proceeds.
Attempt to admit payslips rejected
During the hearing, Turner sought to tender payslips showing Chandler Macleod Group Limited as his employer, which he argued were relevant to his claims.
Justice Needham rejected the attempt, stating that the issue before the court was not the identity of Turner’s employer but whether his proceeding should be struck out.
“The question which was determined is not was Chandler Macleod your employer,” she said. “It was a question of whether the proceeding should be struck out … so that does not appear on its face to be relevant to the matters which were before me.”
MWM understands that Chandler Macleod has applied for costs of approximately $120,000 against Turner.
Justice Needham has reserved her decision on final costs orders, which will be determined on the papers. The costs order will also likely be a subject of the appeal.
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