SUPREME COURT OF VICTORIA
COURT OF APPEAL
| BRUMAR (VIC) PTY LTD | S APCI 2009 3783 |
| Appellant | |
| v | |
| PATRICIA NORRIS | Respondent |
| - and - | |
| S APCI 2009 3875 | |
| FIONA HELEN BROWN | Plaintiff |
| v | |
| MAURICE BLACKBURN CASHMAN | Defendant |
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| JUDGES | ASHLEY and MANDIE JJA and ROSS AJA |
| WHERE HELD | MELBOURNE |
| DATES OF HEARING | 2 and 3 February 2010 |
| DATE OF JUDGMENT | 25 August 2010 |
| MEDIUM NEUTRAL CITATION | [2010] VSCA 206 |
| JUDGMENT APPEALED FROM | [2009] VSC 218 (Beach J) (Brumar v Norris) |
| SPECIAL CASE STATED | County Court (Judge Lacava) 22 October 2009, unreported (Brown v Maurice Blackburn Cashman) |
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Brumar (Vic) Pty Ltd v Norris:
ACCIDENT COMPENSATION – Workplace injury – Psychiatric injury – Damages – Assessment of damages – Leave granted to plaintiff to commence proceeding under s 134AB(16)(b), Accident Compensation Act 1985 – Consequences in later proceeding at common law for damages – Ambit of issue estoppel – Appeal dismissed.
Brown v Maurice Blackburn Cashman:
ACCIDENT COMPENSATION – Case Stated – Workplace injury – Psychiatric injury – Opinion of Medical Panel pursuant to s 67, Accident Compensation Act 1985 that degree of impairment in excess of 30 per cent – Injury deemed to be serious injury pursuant to s 134AB(15), Accident Compensation Act 1985 – Consequences for later proceeding at common law for damages.
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Appearances: | Counsel | Solicitors |
| Re S APCI 2009 3783 | ||
| For the Appellant | Mr M F Wheelahan SC and Mr S A O’Meara | Thomson Playford Cutlers |
| For the Respondent | Mr A G Uren QC and Mr A D B Ingram | Clark Toop & Taylor |
| Re S APCI 2009 3875 | ||
| For the Plaintiff | Mr P Tree SC and Mr S R McCredie | Lennon Mazzeo Lawyers |
| For the Defendant | Mr M F Wheelahan SC and Mr S A O’Meara | Minter Ellison |
ASHLEY JA:
Before the Court, in Brumar (Vic) Pty Ltd v Norris, (‘Norris’), is an appeal against a judgment for damages entered in favour of the respondent in the Trial Division on 9 June 2009. It raises, inter alia, a question as to the consequences, in a proceeding at common law for damages, of a decision made under s 134AB (16)(b) of the Accident Compensation Act 1985 (Vic) (‘the Act’) granting leave to the plaintiff to commence that proceeding.
Also before the Court, in Brown v Maurice Blackburn Cashman (‘Brown’), there is a special case stated by a County Court judge pursuant to s 76(1) of the County Court Act 1958. It raises a question as to the consequences, in a proceeding at common law for damages, of it being deemed, pursuant to s 134AB(15) of the Act, that the plaintiff suffers from a serious injury.
In each case, though in different ways, s 134AB of the Act as it stood prior to amendment by Act No 9/2010 falls for consideration. One of the amendments was to sub-s (19), which in its unamended form is of central importance in Norris.
Another section of the Act which requires consideration, in this instance in the…
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- AGLC
- Brumar (Vic) Pty Ltd v Norris [2010] VSCA 206
- Case
- [2010] VSCA 206
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the consequences of the panel's decision under section 67 of the Act, which deemed the injury to be a serious injury, could be used as an issue estoppel in a subsequent common law proceeding for damages. The court had to consider whether the decision of the Medical Panel, which concluded that the injury was a serious one, could be binding on the parties in a later proceeding at common law.
The court held that the decision of the Medical Panel was binding on the parties in the later proceeding at common law for damages. The court found that the panel's determination that the degree of impairment was in excess of 30 per cent, and therefore constituted a serious injury, was conclusive and could not be challenged in the subsequent proceeding. The court dismissed the appeal, upholding the decision of the lower court that the issue of the degree of impairment and the classification of the injury as serious were issues that were finally determined by the panel and could not be relitigated in the common law proceeding.
The court's decision confirmed that the consequences of a Medical Panel's determination under the Accident Compensation Act 1985 could be binding in a later proceeding at common law. This decision underscored the importance of the statutory scheme in determining the extent of damages for workplace injuries, and the limitations on parties in later proceedings to challenge the findings of the Medical Panel.
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