Wife of dead Inpex worker sues Japanese gas giant for compensation over family’s loss

THE wife of a Darwin carpenter killed when he fell from scaffolding at the Inpex construction site is suing the Japanese fossil fuel giant for compensation which could stretch into the millions of dollars

Carl and Terry Delaney before Mr Delaney’s tragic death in 2017

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THE wife of a Darwin carpenter killed when he fell from scaffolding at the Inpex construction site is suing the Japanese fossil fuel giant for compensation which could stretch into the millions of dollars.

Carl Delaney suffocated after he fell into insulation while undertaking repairs on a cryogenic tank in November 2017 and his wife Terry has now launched civil action in the Supreme Court on behalf of herself and Mr Delaney’s three sons, as well as his mother and brother.

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The action also includes JKC Australia LNG, Ichthys LNG and subcontractor Kawasaki Heavy industries (KHI), a company against which criminal charges relating to Mr Delaney’s death were dropped in the Darwin Local Court in September.

“Each of the defendants owed the deceased a duty to take reasonable care to avoid foreseeable risks of injury or death,” a writ filed with the court reads.

“Each defendant breached their duty of care to the deceased. Each of all of the defendants’ breaches of duty, individually or together, caused the death of the deceased.”

Mrs Delaney is seeking compensation for the loss of her husband’s income as well as for the grief suffered by each of his family members and her own personal suffering at the loss of her life partner.

“But for his death, the deceased would have been entitled to maintain an action and recover damages against the defendant in respect of the injury,” the writ reads.

“As a result of the negligence of the defendant, the defendant is liable to an action for damages.”

Mr Delaney’s direct employer, Australian subcontractor Whittens, is currently appealing a decision not to drop the criminal charges against it.

KHI successfully argued the complaint against it was invalid and could not be amended without significant changes that would constitute a fresh charge that would then fall outside the statute of limitations.

But in making her ruling, Local Court judge Tanya Fong Lim found while the details of the initial complaint against Whittens were “clumsily described”, that charge could be amended to “clarify” the original allegation.

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In the appeal, Whittens’ lawyer Carmen Currie told the Supreme Court the case against her client was so vague as to make it “impossible” to discern.

Ms Currie said Whittens “should not be left to guess” how it was prosecutors alleged it had failed Mr Delaney.

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