BHP Billiton Ltd v Gomes

Case [2007] WASCA 140


BHP BILLITON LTD -v- GOMES [2007] WASCA 140



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2007] WASCA 140
THE COURT OF APPEAL (WA)
Case No:CACV:57/20069 MARCH 2007
Coram:STEYTLER P
WHEELER JA
PULLIN JA
4/07/07
17Judgment Part:1 of 1
Result: Appeal dismissed
A
PDF Version
Parties:BHP BILLITON LTD
JOSE GOMES

Catchwords:

Worker's compensation
Review Officer determining degree of disability
Whether Review Officer has to determine whether disability is work related
Meaning of disability
Words and phrases
"Disability"

Legislation:

Workers Compensation and Rehabilitation Act 1981 (WA), Pt IV Div 2, s 5(a), s 5(d), s 93B(1), s 93C, s 93D, s 93E

Case References:

Alcoa v Paladini, unreported; CM-128/05; 6 June 2006
Australian Securities and Investments Commission v Edensor Nominees Pty Ltd [2001] HCA 1; (2001) 204 CLR 559
Casserly v Alcoa of Australia Ltd [2006] WASCA 150
Chestone Holdings Pty Ltd v Garbelini, unreported, FCt SCt of WA; Library No 980584; 19 October 1999
Cuellar-Castellanos v CPE Health Care, unreported; CM-44/05 (Packington CM); 1 February 2006
Eclipse Resources v Reeves, unreported; CM-42/04; 13 September 2004
Ex parte Ansett Australia Ltd v Medical Assessment Panel (1998) 19 WAR 395
Girrawheen Tavern v Joseph [2003] WASCA 244
Hammond Worthington v De Silva [2006] WASCA 180
Hart v Griffin Coal Mining Co Pty Ltd [2005] WASCA 130
Magrath v Goldsbrough Mort & Co Ltd (1932) 47 CLR 121
Marshall v Lockyer [2006] WASCA 58
Murray River North Pty Ltd v Midgley [2006] WASCA 104
R v Lord Chancellor; Ex parte Witham [1998] QB 575
Raymond v Honey [1983] 1 AC 1
Re Monger; Ex parte United Construction Pty Ltd [2002] WASCA 253
Re Skirving; Ex parte Forward, unreported; FCt SCt of WA; Library No 980737; 18 December 1998
Stockman v Argyle Diamond Sales Ltd [2002] WASCA 89


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : BHP BILLITON LTD -v- GOMES [2007] WASCA 140 CORAM : STEYTLER P
    WHEELER JA
    PULLIN JA
HEARD : 9 MARCH 2007 DELIVERED : 4 JULY 2007 FILE NO/S : CACV 57 of 2006 BETWEEN : BHP BILLITON LTD
    Appellant

    AND

    JOSE GOMES
    Respondent


ON APPEAL FROM:

Jurisdiction : COMPENSATION MAGISTRATES COURT

Coram : MS P M HOGAN CM

File No : CM 124 of 2005


(Page 2)


Catchwords:

Worker's compensation - Review Officer determining degree of disability - Whether Review Officer has to determine whether disability is work related - Meaning of disability



Words and phrases - "Disability"

Legislation:

Workers Compensation and Rehabilitation Act 1981 (WA), Pt IV Div 2, s 5(a), s 5(d), s 93B(1), s 93C, s 93D, s 93E

Result:

Appeal dismissed

Category: A


Representation:

Counsel:


    Appellant : Mr D R Clyne
    Respondent : Ms H E Prince

Solicitors:

    Appellant : Pynt & Partners
    Respondent : Chapmans




(Page 3)

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



Alcoa v Paladini, unreported; CM-128/05; 6 June 2006
Australian Securities and Investments Commission v Edensor Nominees Pty…

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AGLC
BHP Billiton Ltd v Gomes [2007] WASCA 140
Case
[2007] WASCA 140
Decision Date

CaseChat Overview and Summary

BHP Billiton Ltd recently faced off against Gomes in a dispute concerning the determination of the degree of disability and whether the Review Officer was required to ascertain if the disability was work-related. The case was heard in the Federal Court of Australia, which was asked to review the decision of the Review Officer. The crux of the matter was whether the Review Officer had to determine the work-related nature of Gomes' disability when assessing the degree of disability.

The primary legal issue revolved around the interpretation of the term "disability" under the workers' compensation legislation. Specifically, the court needed to clarify if the Review Officer was obligated to ascertain whether the disability was work-related when determining the degree of disability. This question was pivotal as it had implications for the process and scope of reviews conducted by the Review Officer.

The court examined the statutory language and relevant precedents to interpret the term "disability." It concluded that the Review Officer was not required to determine whether the disability was work-related at the time of assessing the degree of disability. The court found that the statutory framework allowed for a separate process to address the work-related aspect of the disability. The court's reasoning hinged on a precise interpretation of the legislative language and the established practice of distinguishing between the degree of disability and its causation. The appeal was thus dismissed, affirming the Review Officer's approach.

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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