
Australian company fined $400,000 after young apprentice was burned alive in shocking explosion
Kyah McDonald, 21, died when he was ordered to de‑rim a metal drum in a bin room filled with flammable vapours at a Gold Coast Isuzu dealership in October 2022.
The apprentice diesel motor mechanic suffered burns to 90 per cent of his body in the fireball and was rushed by paramedics to Royal Brisbane and Women's Hospital.
He died later that day. Three other workers were injured.
James Frizelle's Automotive Groupin Arundel was charged with failing to comply with its primary health and safety duty after the incident.
The business, which sold and serviced new and used Isuzu trucks and parts, was sentenced over Kyah's death in Southport Magistrates Court after pleading guilty, the Courier-Mail reported.
In sentencing, Acting Magistrate Sarah Thompson said the risk was 'obvious' and 'foreseeable', and the steps to prevent the explosion were not complex.
The business also failed to provide adequate training and supervision, correctly store and label flammable liquids, or post safety signage in the areas where combustible liquids were stored.
The business has since overhauled its safety practices, but Ms Thompson said those same 'simple' and 'not burdensome' measures could have easily been done before Kyah's death.
In a tribute on the Queensland Workers Memorial to fatal workplace tragedies, his family said healing from the tragedy and heartbreak had been an extremely raw and unbearably painful journey that continued every single day.
'There are so many tears, yet we look for ways to fill the emptiness and to find the same joy Kyah was always able to find in other peoples' success and happiness,' they said.
'He was someone that people would gravitate towards. His energy was calming and playful. Younger children would attach themselves and play with him for hours. Animals would be trusting of him.
'Adults would praise him and girls would dote on him.'
In 2016 Kyah started a started a school based apprenticeship and worked for his father's building company as an apprentice carpenter and was fully qualified in 2021.
A passionate car enthusiast he started his new apprenticeship at Isuzu in May 2022, just five months before his tragic death.
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Daily Mail
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But delivering the Supreme Court ruling, Lord Burrows and Lord Stephens, with whom Lord Reed, Lord Lloyd Jones and Lady Simler agreed, said the Appeal Court had got it right. They said: 'Here, the source of the pre-marital assets within the 2017 assets was exclusively the husband. 'Those assets have been transferred to the wife. But the problem for the wife is that there is nothing to show that, over time, the parties were treating the 2017 assets as shared between them. 'Rather, the transfer was in pursuance of a scheme to negate inheritance tax and it was for the benefit exclusively of the children. 'The parties' intention was that the £80million should not be retained by the wife but should be used by her to set up trusts for the children, thereby negating inheritance tax. 'In short, there was no matrimonialisation of the 2017 assets because, first, the transfer was to save tax and, secondly, it was for the benefit of the children not the wife. 'The 2017 assets were not, therefore, being treated by the husband and wife for any period of time as an asset that was shared between them. 'In relation to a scheme designed to save tax, under which one spouse transfers an asset to the other spouse, the parties' dealings with the asset, irrespective of the time period involved, do not normally show that the asset is being treated as shared between them. Rather, the intention is simply to save tax. 'Transfers of capital assets with the intention of saving tax do not, without some further compelling evidence, establish that the parties are treating the capital asset as shared between them. 'The 2017 assets comprise, first, the husband's pre-marital assets and, secondly, earnings that the husband made in the years 2004-2007 to which the wife contributed by being the home-maker and childcarer during those years. 'It is not in dispute that the latter constitutes matrimonial property. That should be shared on an equal basis. 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