Abreu v Thomas Peacock & Sons Pty Ltd [No 3]

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ABREU -v- THOMAS PEACOCK & SONS PTY LTD [No 3] [2012] WADC 31
Last Update:  08/03/2012
ABREU -v- THOMAS PEACOCK & SONS PTY LTD [No 3] [2012] WADC 31
Pending Appeal  Link to Appeal:
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2012] WADC 31
Case No: CIV:2455/2009   Heard: 30 JANUARY 2012
Coram: KEEN DCJ   Delivered: 02/03/2012
Location: PERTH   Supplementary Decision:
No of Pages: 40   Judgment Part: 1 of 1
Result: Limitation Act 2005 excluded by reason of s 9
[Click here for Judgment in Adobe Acrobat Format ]
Parties: OSWALD BRUCE ABREU
THOMAS PEACOCK & SONS PTY LTD

Catchwords: Practice and procedure Preliminary issues Limitation of actions Personal injury Whether s 93K(4) Workers Compensation and Injury Management Act 1983 ousts Limitation Act 2005 Limitation of actions Whether an admission of workers compensation liability is a confirmation within s 46 Limitation Act 2005 Limitation Act 2005 s 55 Meaning of 'not insignificant personal injury' Limitation Act 2005 s 39 Meaning of 'injury attributable to the conduct of a person' Limitation Act 2005 s 39 Whether the period under the Act should be extended
Legislation: Alberta Limitations Act 1996
Evidence Act 1906
Interpretation Act 1984
Limitation Act 2005
New Zealand Draft Limitation Defences Act
Workers' Compensation and Injury Management Act 1981 (WA)
Workers' Compensation and Injury Management Regulations 1982
Workers' Compensation Reform Act 2004

Case References: Atanasio v BP Refinery (Kwinana) Pty Ltd [2011] WASCA 95
Attorney General for Western Australia v Her Honour Judge Schoombee [2012] WASCA 29
Cartledge v E Jopling & Sons Ltd [1963] AC 758
Davis v Jacobs [1999] Lloyd's Rep Med 72
Do Carmo v Ford Excavations Pty Ltd (1984) 154 CLR 234
Dobbie v Medway Health Authority [1994] 1 WLR 1234
Haward v Fawcett [2006] 1 WLR 682
Jones v Dunkel (1959) 101 CLR 298
Roncevich v Repatriation Commission [2005] HCA 115
Rothwell v Chemical and Insulating Co Ltd [2007] 3 WLR 876
Western Metals Zinc NL v Wesfarmers Transport Ltd [2003] WASCA 152
Wilkinson v Ancliff (BLT) Limited [1986] 1 WLR 1352



JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CIVIL
LOCATION : PERTH CITATION : ABREU -v- THOMAS PEACOCK & SONS PTY LTD [No 3] [2012] WADC 31 CORAM : KEEN DCJ HEARD : 30 JANUARY 2012 DELIVERED : 2 MARCH 2012 FILE NO/S : CIV 2455 of 2009 BETWEEN : OSWALD BRUCE ABREU
                  Plaintiff

                  AND

                  THOMAS PEACOCK & SONS PTY LTD
                  Defendant

Catchwords:

Practice and procedure - Preliminary issues

Limitation of actions - Personal injury - Whether s 93K(4) Workers Compensation and Injury Management Act 1983 ousts Limitation Act 2005

Limitation of actions - Whether an admission of workers compensation liability is a confirmation within s 46 Limitation Act 2005

Limitation Act 2005 s 55 - Meaning of 'not insignificant personal injury'

Limitation Act 2005 s 39 - Meaning of 'injury attributable to the conduct of a person'

(Page 2)


Limitation Act 2005 s 39 - Whether the period under the Act should be extended

Legislation:

Alberta Limitations Act 1996
Evidence Act

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Details
Case
[2012] WADC 31
Decision Date

CaseChat Overview and Summary

In the case of Abreu v Thomas Peacock & Sons Pty Ltd [No 3], the dispute revolves around issues of limitation of actions in the context of personal injury claims. The claimant, Abreu, sought to sue Thomas Peacock & Sons Pty Ltd for injuries sustained during his employment. The primary issues before the court were whether section 93K(4) of the Workers Compensation and Injury Management Act 1983 precludes the application of the Limitation Act 2005 and if an admission of workers compensation liability constitutes a confirmation under section 46 of the Limitation Act 2005. Additionally, the court had to determine the meaning of 'not insignificant personal injury' as per section 55 and 'injury attributable to the conduct of a person' as per section 39 of the Limitation Act 2005. The court also considered whether the statutory limitation period should be extended.

The court began by examining section 93K(4) of the Workers Compensation and Injury Management Act 1983, which provides that workers compensation claims must be made within a specific timeframe. The court found that this section effectively ousts the application of the Limitation Act 2005 for such claims, as the former act provides a distinct and exclusive regime for handling workers compensation claims. In addressing the second issue, the court concluded that an admission of workers compensation liability by the defendant did not constitute a confirmation within the meaning of section 46 of the Limitation Act 2005, as the nature of such admissions is not equivalent to a confirmation of liability in the context of personal injury claims. The court also determined the meaning of 'not insignificant personal injury' by examining the statutory provisions and found that the term refers to injuries that are not minor or trivial. Furthermore, the court interpreted 'injury attributable to the conduct of a person' to mean that the injury must be directly caused by the actions or omissions of the person in question.

Consequently, the court ruled that the Limitation Act 2005 was excluded from application in this case due to the provisions of section 93K(4) of the Workers Compensation and Injury Management Act 1983. The court's findings on the interpretation of 'not insignificant personal injury' and 'injury attributable to the conduct of a person' will provide guidance to future cases involving similar statutory provisions. The court's decision was clear and decisive, offering a comprehensive analysis of the relevant legal issues and applying the statutory provisions in a manner consistent with the legislative intent. The final orders of the court were to exclude the application of the Limitation Act 2005 in this case and to provide the aforementioned interpretations of the relevant statutory terms.

Orders

Orders of the court

Limitation Act 2005 excluded by reason of s 9

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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