Wayne Fowlie died in 2014 in a mining accident. She has set up an online fundraising page in an attempt to help ease Ms Fowlie's financial burden. On Monday, it had raised $1000. "While the $128,000 hoped for insurance wasn't a big sum, it was going to make a difference in helping to compensate for the costs associated with Wayne's death, the legal fees associated with the court case (now over $30,000 and still rising), as well as those associated with the different laws in each country regarding his estate, plus travel to and from WA," Ms Sykes said. "If you know Raewyn you know she is an intensely-private, highly-principled, intelligent, gracious woman. "She's done what she thought was right, and nevertheless has lost her bid to receive the insurance."

She said the ordeal of losing Wayne had meant the Fowlie family had not had time to properly grieve the loss of the father-of-three, who was working in WA to build a nest-egg to return to his hometown in Dargaville, New Zealand. "This tragedy will never be over for Raewyn and his adult children Filipa, Trent and Miranda," Ms Sykes said. "Perhaps the third anniversary of Wayne's death on February 15, 2017, will at last be a time for the family to simply just grieve. "Grieve without the financial burden of the previous three years. Grieve without a battle to fight. Just grieve. And start to look forward. That's my wish." Perth District Court judge Anthony Derrick decided against ordering Central Norseman Gold to pay out the equivalent of the 59-year-old's life insurance on November 3.

Mr Fowlie's payslips had wrongly showed Central Norseman Gold was making contributions to his superannuation for nearly a year from April 2013. His life insurance cover was cancelled on January 14, 2014, as there were insufficient funds in his superannuation account to make the required payments. Mr Fowlie received a letter from his superannuation fund, AMP, warning of the pending cancellation in December, and he gave the letter to a work colleague and friend, who was an administration officer at Central Norseman. He asked her to query the letter with management. Upon returning from a holiday road trip with his wife, Mr Fowlie received a second letter stating his life insurance had been cancelled on January 14.

Central Norseman claimed it was not aware of the initial letter sent to Mr Fowlie in December. It drew a cheque to pay the owing superannuation contributions totalling $8843 on February 12, however three days later - before the cheque was cashed - Mr Fowlie was killed. Ms Fowlie, who was fighting for Central Norseman to pay out the amount his life insurance policy would have granted, lost her bid on November 3. Judge Derrick instead awarded Ms Fowlie, the administrator of Mr Fowlie's estate, $100 in damages, finding Central Norseman had breached its contract, but dismissed her claim the mining company had been negligent. In is judgement Judge Derrick said Mr Fowlie was informed about his policy's cancellation and could have taken steps to rectify the situation.

"The defendant [Central Norseman Gold] did not at any stage assume responsibility for preventing the loss of Mr Fowlie's death cover insurance," he said. "Mr Fowlie was able to protect himself from the risk of the loss of the death cover insurance that arose from the defendant's failure to pay the superannuation contributions on their due dates. "He was able to do so by taking the steps that I have found that he should have taken in order to mitigate the loss caused by the defendant's breach of its contractual obligation." Ms Fowlie previously told Fairfax Media her husband loved working in the mining industry. "He loved working with machinery. He was a bit of a hermit," she said in 2014.

"He was a neat guy, and it shouldn't have happened to him... no-one deserves that." There have been three fatalities at Central Norseman mine sites and processing plants since 2010. In 2016, a boilermaker died when a bridge collapsed, while in 2010, another worker died after falling whilst removing ladders from an escape risk. Loading In July 2016, none of Central Norseman's open pits or underground operations were being mined.

The Harlequin pits, where Mr Fowlie had been working, ceased operations after his death. Follow WAtoday on Twitter