“I’m sorry but …” BHP v coal miner Simon Turner delayed again

BHP’s case against coal miner Simon Turner has been vacated until August, as the disabled miner’s decade-long quest to obtain compensation for a broken back and underpaid wages has met another obstacle. Michael West reports.

Turner has fallen ill and has asked the Federal Court for the matter, due to be heard this week, to be vacated. It is now set to be heard in mid-August. BHP and its lawyers MinterEllison have been fending off Simon Turner’s claims for ten years. Early this year he brought another action. The case was largely muzzled by the Judge who dismissed the case. BHP never filed a defence.

BHP and Minters then sued the author of this story and publisher of MWM along with Turner, alleging breach of confidence after MWM had publicised the proceedings. Turner counterclaimed against MinterEllison alleging conflicts of interest. In recent orders, the Judge again suppressed evidence in the counter-claim and found in BHP and MinterEllison’s favour, again.

BHP discontinued proceedings against MWM but continued with Turner. Its lawyers MinterEllison however are threatening another action against this publisher, a defamation proceeding.

The ten-year David v Goliath battle is being watched by the industry, as evinced by this email to Turner from chief executive of the Minerals Council of Australia, Tanya Constable, 18 months ago.

BHP threatens to pursue journalist and coal miner for costs in court case it brought