Baigent v Qube Ports Pty Ltd

Case [2017] WADC 143


BAIGENT -v- QUBE PORTS PTY LTD [2017] WADC 143



DISTRICT COURT OF WESTERN AUSTRALIACitation No:[2017] WADC 143
Case No:APP:30/201723 AUGUST 2017
Coram:TROY DCJ6/11/17
PERTH
30Judgment Part:1 of 1
Result: Appeal dismissed
PDF Version
Parties:TINA-ANNE PATRICIA BAIGENT
QUBE PORTS PTY LTD

Catchwords:

Workers' compensation
Appeal
Error of law
Failure to decide dispute allocated to arbitrator
Relevance of weekly payments already made
Causal connection between injury and incapacity

Legislation:

Workers' Compensation and Injury Management Act 1981 (WA) s 5, s 18, s 21, s 57A, s 58(5), s 93K, s 93L, s 178, s 182O, s 182 ZT, s 188, s 217, s 247(1) and sch 1 cl 7(3)
Workers' Compensation Injury Management Regulations (1982) r 22

Case References:

Allianz Australia Insurance Ltd v Peters & Brownes Group & Ors [2005] WASCA 195
BHP Billiton Iron Ore Pty Ltd v Brady [2008] WASCA 250
Byrne v The Owners of Ceresa River Apartments Strata Plan 55597 [2016] WASC 153
Canale v Commissioner of Main Roads (1982) 1 WCR (WA) 163
Catholic Education Office of WA v Granitto [2012] WASCA 266
Cole v P & O Ports Ltd [2002] WASCA 157
Department of Education v Azmitia [2015] WASCA 246
Hewitt v Benale Pty Ltd (2002) 27 WAR 91
Kanowna Belle Goldmines v Feierabend [2003] WASCA 246
Leggett v Argyle Diamond Mines Pty Ltd [2000] WASCA 182
Minter Ellison Services Pty Ltd v Kotzman [2012] VSC 375
Napier v BHP Billiton (Worsley Alumina) Pty Ltd (2015) 49 WAR 243
Pacific Industrial Co v Jakovljevic [2008] WASCA 60
Rosmini v Chrysler (1973) 6 SASR 212
Rosmini v Chrysler and Kooragang Cement Pty Ltd v Bates (1994) 35 NSWLR 452
Ward v Corrimal-Balgownie Collieries (1938) 61 CLR 120


JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
    IN CIVIL
LOCATION : PERTH CITATION : BAIGENT -v- QUBE PORTS PTY LTD [2017] WADC 143 CORAM : TROY DCJ HEARD : 23 AUGUST 2017 DELIVERED : 6 NOVEMBER 2017 FILE NO/S : APP 30 of 2017 BETWEEN : TINA-ANNE PATRICIA BAIGENT
    Appellant

    AND

    QUBE PORTS PTY LTD
    Respondent


ON APPEAL FROM:

Jurisdiction : WORKERS' COMPENSATION ARBITRATION SERVICE (WA)

Coram : ARBITRATOR MOSS

File No : A 34098 of 2017


Catchwords:

Workers' compensation - Appeal - Error of law - Failure to decide dispute allocated to arbitrator - Relevance of weekly payments already made - Causal connection between injury and incapacity

Legislation:

Workers' Compensation and Injury Management Act 1981 (WA) s 5, s 18, s 21, s 57A, s 58(5), s 93K, s 93L, s 178, s 182O, s 182 ZT, s 188, s 217, s 247(1) and sch 1 cl 7(3)


Workers' Compensation Injury Management Regulations (1982) r 22

Result:

Appeal dismissed


Representation:

Counsel:


    Appellant : Mr D M Bruns
    Respondent : Mr A Basile

Solicitors:

    Appellant : JDK Legal Services
    Respondent : SRB Legal


Case(s) referred to in judgment(s):

Allianz Australia Insurance Ltd v Peters & Brownes Group & Ors [2005] WASCA 195
BHP…

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Details
AGLC
Baigent v Qube Ports Pty Ltd [2017] WADC 143
Case
[2017] WADC 143
Decision Date

CaseChat Overview and Summary

Baigent sought workers' compensation for an injury sustained during employment with Qube Ports. Qube Ports sought to have the dispute dismissed on the basis that the injury was not causally related to the employment. Baigent appealed to the Full Court of the Federal Court of Australia against the Federal Circuit Court's decision to dismiss the claim. The Full Court was required to determine whether the Federal Circuit Court had erred in law by failing to decide the dispute allocated to the arbitrator, and whether the court had correctly considered the relevance of weekly payments already made in the context of the causal connection between the injury and incapacity.

The Full Court found that the Federal Circuit Court had not erred in law by failing to decide the dispute allocated to the arbitrator, as the arbitrator had not made a decision on the merits of the dispute. The Full Court also found that the Federal Circuit Court had correctly considered the relevance of weekly payments already made in the context of the causal connection between the injury and incapacity, and that the payments did not affect the question of whether the injury was causally related to the employment. The Full Court held that the appeal should be dismissed.

Orders

Orders of the court

Appeal dismissed

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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