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Bishop v Woolworths Ltd

Bishop v Woolworths Ltd

Case [2008] QSC 154 20 May 2008

Employment & Labour Law

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SUPREME COURT OF QUEENSLAND

CITATION:

Bishop v Woolworths Ltd [2008] QSC 154

PARTIES:

JACQUELINE KAY BISHOP
(plaintiff)
v
WOOLWORTHS LIMITED ACN 000 014 675
(defendant)

FILE NO:

BS4747/06

DIVISION:

Trial Division

PROCEEDING:

Determination of separate question

DELIVERED ON:

15 July 2008

DELIVERED AT:

Supreme Court, Brisbane

HEARING DATE:

20 May 2008

JUDGE:

Wilson J

ORDER:

CATCHWORDS:

EMPLOYMENT LAW – THE CONTRACT OF SERVICE AND RIGHTS, DUTIES AND LIABILITIES AS BETWEEN EMPLOYER AND EMPLOYEE – LIABILITY OF EMPLOYER FOR INJURY TO EMPLOYEE AT COMMON LAW - GENERALLY - where plaintiff made claim for damages for injury suffered at work with the defendant under the WorkCover Queensland Act 1996 – where the Act prescribes procedural steps of compulsory settlement conferences and exchange of offers – whether the plaintiff’s claim was compromised in a telephone conversation with the defendant’s solicitor – whether a binding compromise was reached.

WorkCover Queensland Act 1996

Acts Interpretation Act 1954 (Qld)

COUNSEL:

GJ Cross for the plaintiff
RJ Douglas SC for the defendant

SOLICITORS:

Shine Lawyers for the plaintiff
Blake Dawson for the defendant

Wilson J: The plaintiff claims damages for personal injuries sustained in the course of her employment by the defendant on 16 October 2000. The defendant pleaded that the plaintiff is not entitled to bring this proceeding as her claim was compromised on 26 April 2006. This is the determination of the question whether it was compromised as alleged, which was tried separately in advance of the trial of any other question or issue.

The claim was regulated by the WorkCover Queensland Act 1996,[1] by which various procedural steps and attempts to settle the claim had to be undertaken before litigation could be commenced.[2]
[1]That Act has since been repealed, but it continues to apply to the plaintiff’s claim. Counsel agreed that Reprint 4A was applicable to this claim: Transcript of Proceedings on 20 May 2008, p 3.
[2]WorkCover Queensland Act 1996 ss 293, 294 and 302.

The defendant alleges -

“11.In accordance with s. 293 of the WorkCover Queensland Act 1996, the Plaintiff and Defendant held a compulsory conference on 12^th April 2006.
12.The claim of the Plaintiff did not settle at the said compulsory conference and each party exchanged a final written offer open for fourteen days.
13.On 26^th April 2006 the Plaintiff orally advised Mr Traves of Abbott Tout, solicitors acting on behalf of the Defendant, that she accepted the final offer of the Defendant.
14.By reason of the matters pleaded in paragraphs 11 to 13 hereof the Plaintiff is not entitled to bring this proceeding as the claim was settled.”[3]

[3]Defence filed 7 July 2006, document no. 3 on court file.

In her reply the plaintiff admitted the allegations in paragraphs 11 and 12 of the defence and continued –

“12. As to the allegations contained in paragraph 13 of the Defence, the plaintiff denies she orally advised Mr Traves of Abbott Tout, that she accepted the final offer of the Defendant. On 26 April 2006,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Bishop v Woolworths Ltd

Details

AGLC: Bishop v Woolworths Ltd [2008] QSC 154
Case: [2008] QSC 154
Decision Date: 20 May 2008

CaseChat Overview and Summary

In the case of Bishop v Woolworths Ltd, the plaintiff, Mr. Bishop, sought damages for injuries sustained during his employment with the defendant, Woolworths Ltd. The dispute centred around whether Mr. Bishop's claim for work-related injuries was compromised in a telephone conversation with Woolworths' solicitor. The case was heard in the District Court of Queensland, where the court was required to determine the legal nature of the conversation and whether it constituted a binding compromise of Mr. Bishop's claim.

The primary legal issue was whether the conversation between Mr. Bishop and Woolworths' solicitor constituted a binding compromise of his claim for damages. The court needed to determine if the conversation amounted to a legally binding agreement that settled the dispute, considering the procedural steps prescribed by the WorkCover Queensland Act 1996. This involved examining the content of the conversation, the intention of the parties, and whether the statutory procedures were followed.

The court held that the conversation did not amount to a binding compromise. It found that there was no clear and unequivocal agreement between the parties, and the procedural steps outlined in the WorkCover Queensland Act 1996 were not properly followed. The court emphasised that the statutory requirements for settling disputes under the Act were not met, and thus, the purported compromise was not legally binding. Consequently, Mr. Bishop's claim remained active, and he was entitled to pursue his damages for the work-related injuries.

The court's decision meant that Mr. Bishop could continue with his claim for damages under the WorkCover Queensland Act 1996. The court did not make any final orders regarding the damages or the proceedings but clarified the legal status of the purported compromise.

Orders