Anagnostou v Woolworths Ltd - [2000] QSC 160

SUPREME COURT OF QUEENSLAND

CITATION: Anagnostou v Woolworths Ltd & Anor [2000] QSC 160

PARTIES: STELIOS ANAGNOSTOU
(applicant)
v
WOOLWORTHS LTD
(first respondent)
WORKCOVER QUEENSLAND
(second respondent)

FILE NO/S: No 4024 of 2000

DIVISION: Trial Division

PROCEEDING: Application that the respondents attend a conference pursuant to s 293 of the WorkCover Queensland Act 1996

ORIGINATING COURT:
Supreme Court at Brisbane

DELIVERED ON: 7 June 2000

DELIVERED AT: Brisbane

HEARING DATE: 24 May 2000

JUDGE: Williams J

ORDER: Application dismissed.
Each party to bear its own costs relating thereto.

CATCHWORDS:
WORKERS’ COMPENSATION - ALTERNATIVE RIGHTS AGAINST EMPLOYER & THIRD PARTIES - ALTERNATIVE RIGHTS AGAINST EMPLOYER FOR DAMAGES AT COMMON LAW OR BY STATUTE - RIGHT TO PROCEED FOR DAMAGES - where applicant lodged a notice of claim for common law damages pursuant to s 280 for physical injuries sustained in a fall - where applicant subsequently lodged an application for a damages certificate pursuant to s 265 with respect to psychological injury arising out of the same incident - whether WorkCover compelled to attend a s 293 conference in respect of both injuries where WorkCover had not yet made an assessment of applicant’s psychological injury - s 293 considered - consequence of applicant seeking the further certificate is that the earlier notice is no longer s 280 compliant and proceedings consequent upon that notice are stayed until WorkCover has made an assessment of the psychological injury claimed - in circumstances, inappropriate to hold s 293 conference until all of the injuries are the subject of a s 280 notice and there has been a s 285 response by WorkCover.

WorkCover Queensland Act 1996, s 33, s 42, s 43, s 253 (1)(a)(ii), s 265, s 280, s 282, s 285, s 293
WorkCover Queensland Regulation 1997, r 74(1)

Re: B F Robinson, unreported, OS 11614 of 1998, judgment 29 January 1999
Re: J H Lankheet, unreported, OS 1959, judgment 19 March 1999
Steley v Harbrew Pty Ltd & WorkCover Queensland, unreported, Mackay 150 of 1999, judgment 22 December 1999

COUNSEL: D C Rangiah for the applicant
BLP Hoare for the respondents

SOLICITORS:
Maurice Blackburn Cashman for the applicant
Bradley & Co for the respondents

The applicant, Stelios Anagnostou, suffered some injuries consequent upon a fall in the course of his employment with the first respondent, Woolworths Ltd (“Woolworths”), on 30 October 1997. A claim for workers’ compensation was lodged and accepted by the second respondent, WorkCover Queensland (“WorkCover”). In the incident the applicant slipped and fell on his buttocks primarily sustaining a musculo-ligamentous disc injury to his lumbar spine. It would appear that workers’ compensation was paid from 6 November 1997 to 6 November 1998.

On 4 November 1998 WorkCover issued a Notice of Assessment that the applicant had sustained a non-certificate injury pursuant to s 253(1)(a)(ii) of the WorkCover Queensland Act 1996 (“the Act”); Reprint No 2 of that Act appears to be the applicable statute. That assessment was obviously based upon the decision of the Orthopaedic Assessment…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Anagnostou v Woolworths Ltd and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2000] QSC 160
Decision Date: 7 June 2000

CaseChat Overview and Summary

In the matter of Anagnostou v Woolworths Ltd, the dispute involved the claimant, who had sustained physical injuries in a workplace accident and subsequently claimed psychological injury arising from the same incident. The claimant filed a notice of claim for common law damages under section 280 for the physical injuries and later sought a damages certificate for the psychological injury under section 265. The central issue before the court was whether WorkCover Queensland was required to hold a section 293 conference concerning both injuries when an assessment of the psychological injury had not yet been made. The court had to determine the appropriate procedural steps and whether it was appropriate to proceed with the conference before the assessment was completed.

The court examined the statutory provisions under the WorkCover Queensland Act 1996, particularly sections 280 and 265, and the WorkCover Queensland Regulation 1997, regulation 74(1). It considered the implications of the claimant’s dual claims and the necessity for WorkCover to assess both the physical and psychological injuries before any conference could be held. The court referenced previous cases, such as Re: B F Robinson and Re: J H Lankheet, which underscored the importance of following statutory requirements and the sequential nature of the assessment and procedural steps. The court concluded that it was inappropriate to hold the section 293 conference until WorkCover had assessed both injuries and responded under section 285.

As a result of the court’s reasoning, the claimant’s application was dismissed. The court determined that until WorkCover completed its assessment and response, a section 293 conference could not appropriately proceed. The claimant was required to wait for WorkCover to assess the psychological injury before any further steps could be taken. The court also ordered that each party bear its own costs relating to the application.

Orders

Orders of the court

Application dismissed.

Each party to bear its own costs relating thereto.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Anagnostou v Woolworths Ltd & Anor [2000] QSC 160
PARTIES:	STELIOS ANAGNOSTOU (applicant) v WOOLWORTHS LTD (first respondent) WORKCOVER QUEENSLAND (second respondent)
FILE NO/S:	No 4024 of 2000
DIVISION:	Trial Division
PROCEEDING:	Application that the respondents attend a conference pursuant to s 293 of the WorkCover Queensland Act 1996
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED ON:	7 June 2000
DELIVERED AT:	Brisbane
HEARING DATE:	24 May 2000
JUDGE:	Williams J
ORDER:	Application dismissed. Each party to bear its own costs relating thereto.
CATCHWORDS:	WORKERS’ COMPENSATION - ALTERNATIVE RIGHTS AGAINST EMPLOYER & THIRD PARTIES - ALTERNATIVE RIGHTS AGAINST EMPLOYER FOR DAMAGES AT COMMON LAW OR BY STATUTE - RIGHT TO PROCEED FOR DAMAGES - where applicant lodged a notice of claim for common law damages pursuant to s 280 for physical injuries sustained in a fall - where applicant subsequently lodged an application for a damages certificate pursuant to s 265 with respect to psychological injury arising out of the same incident - whether WorkCover compelled to attend a s 293 conference in respect of both injuries where WorkCover had not yet made an assessment of applicant’s psychological injury - s 293 considered - consequence of applicant seeking the further certificate is that the earlier notice is no longer s 280 compliant and proceedings consequent upon that notice are stayed until WorkCover has made an assessment of the psychological injury claimed - in circumstances, inappropriate to hold s 293 conference until all of the injuries are the subject of a s 280 notice and there has been a s 285 response by WorkCover. WorkCover Queensland Act 1996, s 33, s 42, s 43, s 253 (1)(a)(ii), s 265, s 280, s 282, s 285, s 293 WorkCover Queensland Regulation 1997, r 74(1) Re: B F Robinson, unreported, OS 11614 of 1998, judgment 29 January 1999 Re: J H Lankheet, unreported, OS 1959, judgment 19 March 1999 Steley v Harbrew Pty Ltd & WorkCover Queensland, unreported, Mackay 150 of 1999, judgment 22 December 1999
COUNSEL:	D C Rangiah for the applicant BLP Hoare for the respondents
SOLICITORS:	Maurice Blackburn Cashman for the applicant Bradley & Co for the respondents