Mitchell Sivyer files $2.55m lawsuit against Anglo Coal over Bradley Hardwick death

A young man who came across the body of Bradley Hardwick after his catastrophic death at an underground Central Queensland mine has filed a multimillion-dollar lawsuit.

A young Habana man who came across the body of Bradley Hardwick after his catastrophic death at an underground Central Queensland mine has filed a $2.55m lawsuit after he was unable to continue working in the coal sector.

In paperwork filed in the supreme court Mitchell Kenneth Sivyer alleges he has ongoing “intrusive thoughts/dreams” of what he saw, and broken sleep.

Mine worker Bradley Hardwick who died in an incident between a grader and a personnel carrier at Moranbah North Mine on February 20, 2019.

The 22 year old had been on day shift driving a drift runner when about 4.30pm on February 20, 2019 he claims he was directed underground to pick up a crew to bring to the surface.

The court claim states when he was about halfway down a worker gestured for him to stop and he was told “there had been an accident”.

He walked over to where a group of people were standing about 10m away where he saw a deputy at the mine performing CPR on Mr Hardwick.

“He observed Mr Hardwick to be motionless,” the claim states.

Mr Sivyer was told to return to the surface and get the mine’s doctor – on his way he passed an ambulance with the doctor already en route.

He was told to remain at the top where he says he “saw Mr Hardwick’s concealed body being conveyed on the surface of the mine”.

Anglo Coal (Moranbah North Management) Pty Ltd is charged over the death. Picture: Tara Miko

“Mr Hardwick was crushed by the grader given its park brake was defective and unable to hold the grader stationary while it was parked on uneven ground,” the claim alleged.

“Given what (Mr Sivyer) witnessed … he sustained certain personal injuries namely a post traumatic stress disorder and a major depressive disorder.”

It is alleged if Mr Sivyer had not witnessed this incident he would not have developed the psychiatric and/or psychological disorder.

He claims as a direct result he was “unable to return to work in any capacity within the underground coal mining sector” where he had been earning $1355 net per week and has been “restricted to part time work” where he now earned $467 net per week.

Mr Sivyer alleges he also continues to suffer from impaired concentration, memory and focus, periods of high stress/anxiety, loss of confidence, aversion to underground mining and a tendency to ruminate on the latter.

Bradley Hardwick was struck by the grader he had been operating.

He has filed a damages claim against Mastermyne totalling $1,240,710.16 and Anglo Coal (Moranbah North Management) Pty Limited for $1,317,516.76 over alleged duty of care breaches.

He claims neither had “trained, directed or instructed (him) as to what course of actions, if any, he should take in response to a situation a coal mine worker at the mine had sustained serious/catastrophic injuries”.

The court claim alleged Anglo was responsible for maintaining and servicing the grader that caused Mr Hardwick’s death.

It is alleged Mastermyne “caused, permitted and/or allowed (Mr Sivyer) to be exposed to the scene involving an individual with serious/catastrophic injuries”.

The grader also struck a drift runner that had been underground at Moranbah North Mine at the time. Photo: Zizi Averill

Mr Sivyer also alleged the company “failed to have in place any, or any adequate, system of work where its worker are exposed to the aftermath of a traumatic incident”.

Against Anglo Mr Sivyer alleged the company failed to equip the grader with a park brake capable of holding the machinery stationary on uneven ground.

The claim further alleged the mine giant failed to develop, implement and or maintain any or any adequate system of scheduled maintenance of the grader’s park brake.

This publication contacted Mastermyne and Anglo Coal for comment.

Anglo Coal declined because the matter is an ongoing court case.

A Mastermyne spokesman said the company was “aware of the legal action and it is not appropriate to comment at this time”.

“The Company has provided Mr Savyer continual support since the incident and is continuing to do so. The wellbeing of Mr Savyer and all our people is our primary focus,” the spokesman said.

Neither company has filed a defence to the claim.

Originally published as Mitchell Sivyer files $2.55m lawsuit against Anglo Coal over Bradley Hardwick death