Newspaper article The Daily Mercury (Mackay, Australia)

Mill Rigger Fails in Court Bid

Newspaper article The Daily Mercury (Mackay, Australia)

Mill Rigger Fails in Court Bid

Article excerpt

Ross Irby

ross.irby@dailymercury.com.au

TWENTY years after Bruce Oswald Drew says he suffered injuries to his right wrist and buttocks in a fall in mud at the Marian Sugar Mill, his civil claim to make a negligence case for damages has been rejected.

Instead, Mr Drew must pay the legal costs of Mackay Sugar Ltd following his unsuccessful District Court application before Judge Stuart Durward SC.

Mr Drew applied for an extension of the period of limitation to enable him to start proceedings for personal injury.

The are no witnesses or mill incident report to the alleged workplace accident back in September 1994 when he worked as a rigger.

Mr Drew's wrist did not become symptomatic until 2011 and other employees had no recollection of any such incident.

Judge Durward said the critical issue was whether Mr Drew was substantially prejudiced by reason of the delay in his matter and that this would prevent a fair trial in any action against the mill (and insurer WorkCover Queensland). …

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