SUPREME COURT OF QUEENSLAND
CITATION:
Brittain v Hentys (a firm) & Ors [2017] QSC 40
PARTIES:
CRAIG WILLIAM BRITTAIN
(applicant)
v
HENTYS (A FIRM)(first respondent)
and
JEFFREY ROLLS
(second respondent)
and
WORKCOVER QUEENSLAND
(third respondent)
and
BRISBANE BEARS – FITZROY FOOTBALL CLUB LIMITED
(fourth respondent)FILE NO/S:
SC No 9941 of 2016
DIVISION:
Supreme Court – Trial Division
PROCEEDING:
Originating Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
22 March 2017
DELIVERED AT:
Brisbane
HEARING DATE:
25 November 2016
JUDGE:
Flanagan J
ORDER:
The answer to question 1 (as amended) is “yes”.
The answer to question 2 is “yes”.
I will hear the parties as to costs.CATCHWORDS:
WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – PRELIMINARY REQUIREMENTS – CLAIMS FOR COMPENSATION – TIME FOR CLAIM – where the applicant sought to give WorkCover a notice of claim – where the applicant had not been given a notice of assessment under s 185 of the Workers’ Compensation and Rehabilitation Act 2003 – where the giving of the notice of claim prior to being given a notice of assessment by the insurer does not comply with s 275 of the Workers’ Compensation and Rehabilitation Act 2003 – where the notice of claim does not comply with s 250 of the Workers’ Compensation and Rehabilitation Act 2003 – where the insurer had not waived the noncompliance of the notice of claim – whether the applicant was a claimant able to seek damages pursuant to Chapter 5 of the Workers’ Compensation and Rehabilitation Act 2003 – whether a claimant may seek damages for an injury by giving a notice of claim in circumstances where they had not been given a notice of assessment – whether a notice of claim for damages issued prior to a notice of assessment can halt the limitation period in s 302 of the Workers’ Compensation and Rehabilitation Act 2003 – whether a notice of claim given in contravention of s 250 of the of the Workers’ Compensation and Rehabilitation Act 2003 is invalid – whether the notice was taken to be a complying notice of claim pursuant to s 274(4) of the Workers’ Compensation and Rehabilitation Act 2003 - whether WorkCover can waive noncompliance with s 275 of the Workers’ Compensation and Rehabilitation Act 2003
Limitation of Actions Act 1974 (Qld), s 31(2)
Uniform Civil Procedure Rules 1999 (Qld), r 483(1)
Workers’ Compensation and Rehabilitation Act 2003 (Qld), s 4(2), s 5, s 180, s 183, s 185, s 233, s 236, s 237, s 239, s 245, s 250, s 251, s 258, s 273, s 275, s 276, s 278, s 279, s 281, s 296(a), s 297, s 298, s 302, Schedule 6
Workers’ Compensation and Rehabilitation Regulation 2003 (Qld), s 111
Berowra Holdings Pty Ltd v Gordon (2006) 225 CLR 364; [2006] HCA 32, distinguished
Brighton Und Refern Plaster Pty Ltd v Boardman (2006) 225 CLR 402; [2006] HCA 33, distinguished
Charlton v WorkCover Qld [2007] 2 Qd…
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- Case
- [2017] QSC 40
- Decision Date
CaseChat Overview and Summary
The court considered the statutory requirements under the Act and relevant precedents. It held that Mr Brittain’s notice of claim, given before receiving a notice of assessment, was still effective in halting the limitation period as per section 278(4) of the Act. The court reasoned that although the notice did not strictly comply with section 250, it was sufficient to trigger the limitation period moratorium under section 302. The court also found that WorkCover could not waive the non-compliance with section 275 retroactively, but since the notice was effective in halting the limitation period, it was deemed a complying notice under section 274(4) of the Act.
The court concluded that Mr Brittain could secure a halt to the running of the limitation period by giving a notice of claim even without a prior notice of assessment, and that the notice given on 30 April 2010 was taken to be a complying notice of claim under section 278(4) of the Act. The court directed that the parties would be heard regarding costs.
Orders
Orders of the court
The answer to question 1 (as amended) is “yes”.
The answer to question 2 is “yes”.
I will hear the parties as to costs.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.