SUPREME COURT OF QUEENSLAND
CITATION:
Apelu v Lusty Tip Trailers Pty Ltd [2023] QSC 262
PARTIES:
SHEM APELU by his litigation guardian CALEB APELU
(plaintiff)
v
LUSTY TIP TRAILERS PTY LTD
ACN 160 289 332(defendant)
FILE NO/S:
BS No 11267 of 2020
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
22 November 2023
DELIVERED AT:
Brisbane
HEARING DATE:
18 May 2023
JUDGE:
Brown J
ORDER:
1. The plaintiff’s application is dismissed.
2. The matter be listed for mention on 24 November 2023 at 9.45 am for submissions as to costs.
CATCHWORDS:
WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – CLAIMS FOR COMPENSATION – CONTENT OF CLAIM – where the plaintiff claims damages for personal injuries suffered in the course of employment – where the claim for personal injuries suffered include a psychiatric injury diagnosed as schizophrenia or alternatively a chronic aggravation of pre-existing mild schizophrenia and post-traumatic stress disorder – where notice of assessment referred to post-traumatic only -where notice of claim did not refer to schizophrenia or alternatively a chronic aggravation of pre-existing mild schizophrenia - where the defendant admits breach of duty but denies that the plaintiff is entitled to damages in respect of schizophrenia or a chronic aggravation of pre-existing mild schizophrenia – where the plaintiff seeks a declaration that he is entitled to pursue damages for a psychiatric injury, including the injury of schizophrenia – whether such a declaration should be made
WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – CLAIMS FOR COMPENSATION – GENERALLY – where the plaintiff contends that WorkCover Queensland has not made a decision to accept or reject schizophrenia as a separate injury – whether WorkCover is obliged to make such decision
WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – CLAIMS FOR COMPENSATION – DETERMINATION OF CLAIMS – JURISDICTION OF COURTS, TRIBUNALS, COMMISSIONS AND BOARDS – where the plaintiff’s injury was referred to the Medical Assessment Tribunal (MAT) – where the MAT did not consider the plaintiff's schizophrenia to be work-related – where no referral was made to the MAT to consider whether schizophrenia constituted an injury to the plaintiff – whether the MAT’s decision was a decision on a medical matter referred to the tribunal
Acts Interpretation Act 1954 (Qld)
Uniform Civil Procedure Rules 1999 (Qld)
Workers’ Compensation and Rehabilitation Act 2003 (Qld)Andersen v Aged Care Employers Self Insurance [2011] QSC 101
Barraclough v WorkCover Queensland [2012] QDC 321
Bell v Australia Meat Holdings Pty Ltd [2003] QCA 209
Connor v Queensland Rail Ltd [2016] QSC 270
Costello v Queensland Rail [2015] 2 Qd R 296
Ley v Woolworths Limited [2013] QSC 59
Muckermann v Skilled Group Limited [2013] 2 Qd R 47
Royalene Pty Ltd v Registrar of Titles [2007] QSC 059
Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480COUNSEL:
S Deaves KC with P Nolan for the plaintiff
A Mellick for the defendantSOLICITORS:
Maurice Blackburn Lawyers for the plaintiff
BT Lawyers for the defendant
The question for…
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- AGLC
- Apelu v Lusty Tip Trailers Pty Ltd [2023] QSC 262
- Case
- [2023] QSC 262
- Decision Date
CaseChat Overview and Summary
The key legal issues revolved around the interpretation of the Workers' Compensation and Rehabilitation Act 2003 (Qld), specifically sections 500 and 515 concerning the referral of medical matters to the MAT and the binding effect of its decisions. Another issue was whether WorkCover was required to decide on the acceptance or rejection of schizophrenia as a separate injury under section 239A(4). The Court had to determine whether the MAT's decision was limited to the specific medical matter referred to it or if it had a broader scope. Additionally, the Court needed to clarify the obligations of WorkCover regarding the acceptance or rejection of the psychiatric injury.
The Court found that the MAT's decision was limited to the specific medical matter referred to it, which did not include the question of whether schizophrenia was work-related. Consequently, the binding effect of the MAT's decision under section 515 of the Workers' Compensation and Rehabilitation Act 2003 (Qld) was limited to the matter referred to it. The Court also ruled that WorkCover was not precluded from accepting the injury under section 239A due to the operation of section 515. However, this did not render the MAT's decision ineffectual, as its validity had not been challenged. The Court held that the defendant's defence disclosed a reasonable cause of action, leading to the dismissal of the plaintiff's application. The matter was listed for mention to address the question of costs.
The Court's orders were that the plaintiff's application was dismissed, and the matter was to be listed for mention on 24 November 2023 at 9.45 am for submissions regarding costs.
Orders
Orders of the court
1. The plaintiff’s application is dismissed.
2. The matter be listed for mention on 24 November 2023 at 9.45 am for submissions as to costs.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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