A FAULTY seatbelt has unleashed a million dollar lawsuit against a Central Queensland mine.
Barrister Graeme Crow QC made an application to commence proceedings on behalf of Wayne Keith Brown in the Supreme Court of Rockhampton yesterday.
The court heard Mr Brown was a passenger in a PJB mine vehicle at the Newlands Northern underground mine, near Mackay, when it hit a massive pothole.
During the incident, which occurred on September 28 in 2011, Mr Brown's seatbelt failed and he was thrown about the cabin.
As a result he sustained fractures to his vertebrae.
Mr Crow told the court Mr Brown was taking action against the driver and Newlands, for the state of the mine and vehicle.
The court heard the driver is employed by BES Mining. Mr Brown is the director of this company.
The driver was notified of the matter, but did not appear in court.
Mr Crow said the matter had the potential to "get messy".
The court heard the cut-off date for Mr Brown to launch legal action was this Sunday.
While the appropriate pre-proceeding provisions have not yet been complied with, Mr Crow asked for the claim to be filed and stayed.
He said this would allow Mr Brown time to complete the appropriate process, without jeopardising his right to sue.
Justice Duncan McMeekin granted leave to initiate proceedings.
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