Australian Rail Track Corporation Limited v Dollisson

The Australian Rail Track Corporation Limited (ARTC) appealed to the Court of Appeal of Victoria against a decision concerning the entitlement of Mr. Dollisson to pursue common law damages. Mr. Dollisson had sustained injuries in Victoria but was not eligible for compensation under Victoria's workers compensation legislation, having received compensation under the New South Wales workers compensation scheme. The central dispute revolved around the interpretation of section 134AB(1) of the *Accident Compensation Act 1985* (Vic), which governs the ability of an injured worker to claim common law damages.

The primary legal issue before the Court of Appeal was whether the term "compensation" as used in section 134AB(1) of the *Accident Compensation Act 1985* (Vic) referred exclusively to compensation awarded under that Victorian Act, or if it encompassed compensation received under the workers compensation legislation of any Australian state or territory. This interpretation was critical to determining whether Mr. Dollisson was required to satisfy the statutory gateways established by the Victorian Act before he could seek common law damages, despite his compensation being sourced from New South Wales.

The Court of Appeal reasoned that the *Accident Compensation Act 1985* (Vic) should be viewed as a "patchwork" statute, reflecting amendments and additions over time. In this context, the Court held that applying the principle of *expressio unius est exclusio alterius* (the express mention of one thing excludes others) to interpret the word "compensation" was inappropriate. Instead, the Court concluded that the reference to "compensation" in section 134AB(1) was intended to include compensation received under the workers compensation legislation of any Australian state or territory, not solely compensation under the Victorian Act. Consequently, the Court found that Mr. Dollisson was not required to pass through the statutory gateways under the Victorian Act.

The Court of Appeal granted leave to appeal but ultimately dismissed the appeal, ordering the appellant, ARTC, to pay Mr. Dollisson's costs.