| IN THE COURT OF APPEAL | [1996] QCA 001 |
| SUPREME COURT OF QUEENSLAND |
Appeal No. 94 of 1995.
Brisbane
[Barnes v. ATC]
BETWEEN:
NEIL PHILLIP BARNES
(Plaintiff) Respondent
AND:
AUSTRALIAN TELECOMMUNICATIONS
CORPORATION
(Defendant) Applicant
___________________________________________________________________
Pincus J.A.
McPherson J.A.Shepherdson J.
___________________________________________________________________
Judgment delivered 02/02/1996
Separate concurring reasons for judgment of each member of the Court
___________________________________________________________________
1. APPLICATION FOR LEAVE TO APPEAL IS ADJOURNED TO A DATE TO BE FIXED WITH LEAVE TO THE APPLICANT DEFENDANT TO RENEW THE APPLICATION IF AND WHEN THE ACTION IS DISPOSED OF IN THE DISTRICT COURT.
2. THE NOTICE OF APPEAL IS STRUCK OUT.
3. THE COSTS OF THE PROCEEDINGS IN THIS COURT ARE RESERVED.
___________________________________________________________________
CATCHWORDS: DECLARATION - whether trial judgment within the meaning of
s. 92(1) District Courts Act 1967 - whether merely interlocutory
so that leave to appeal is necessary.
Ss. 4, 92 District Courts Act 1967.
Hall v. Nominal Defendant (1966) 117 C.L.R. 423.
LEAVE TO APPEAL - issue of validity of letter by way of notice of election under Safety, Rehabilitation and Compensation Act 1988 (Cth) - whether question of law - whether important question of law - whether, if notice of election is invalid, the suit brought is subject to the three year time limitation imposed by s. 11 of the Limitation of Actions Act 1974; whether leave to appeal can be sought on this point when no order made in District Court relating to it.
Ss. 24, 27, 44, 45 Safety, Rehabilitation and Compensation Act
1988 (Cth)S.11 Limitation of Actions Act 1994
| Counsel: | Mr S Williams Q.C. with him Mr R Dickson for the applicant. Mr C Jensen for the respondent. |
| Solicitors: | Phillips Fox for the applicant. Gayler Cleland Towne for the respondent. |
Hearing date:02/06/1995
IN THE COURT OF APPEAL
SUPREME COURT OF QUEENSLAND
Appeal No. 94 of 1995.
Brisbane
| Before | Pincus J.A. McPherson J.A. Shepherdson J. |
[Barnes v. ATC]
BETWEEN:
NEIL PHILLIP BARNES
(Plaintiff) Respondent
AND:
AUSTRALIAN TELECOMMUNICATIONS
CORPORATION
(Defendant) Applicant
REASONS FOR JUDGMENT - PINCUS J.A.
Judgment delivered 02/02/1996
The appellant, the defendant in the proceedings below, applies to this Court for a
declaration that its appeal has been properly instituted and alternatively leave to appeal.
The proceedings were begun by plaint issued in the District Court on 6 August 1994
claiming damages for negligence for injuries incurred by the respondent on 8 August 1990
while carrying out instructions in the course of his employment by the appellant as a
linesman.
The issues in the appeal concern the operation of the Safety Rehabilitation and
Compensation Act 1988 (Cth) (“the Act”). Comcare, a body corporate, is established
under the Act to deal with (among other matters) claims by employees of the
Commonwealth in respect of injuries arising out of or in the course of employment. Section
24 makes Comcare liable to pay compensation to an employee whose injury results in a
permanent impairment; however, Comcare is not liable to pay compensation where it
determines the degree of impairment…
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- Case
- [1996] QCA 1
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court of Appeal included whether the District Court's declaration that the letter was a valid notice of election was a final judgment within the meaning of the District Courts Act 1967, and if not, whether leave to appeal should be granted. Additionally, the Court had to consider whether the interpretation of the Act involved important questions of law, particularly concerning the time limitation for bringing such actions.
The Court of Appeal found that the declaration by the District Court, while determining a specific point of law, was not a final judgment as it did not dispose of the entire action. The Court concluded that the declaration involved important questions of law, including the interpretation of the statutory requirement for an election in writing and the applicability of a 10% threshold for compensation. However, the Court deemed it inappropriate to grant leave to appeal at that stage due to the procedural complexities and the potential for fragmenting the issues. Instead, the Court adjourned the application for leave to appeal, allowing the Corporation to renew the application if the action was disposed of in the District Court. The notice of appeal was struck out, and the costs of the proceedings in the Court of Appeal were reserved.
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