Coombs v Qld Cotton - [2000] QCA 476

SUPREME COURT OF QUEENSLAND

CITATION: Coombs v Qld Cotton [2000] QCA 476

PARTIES: JOHN FRANCIS COOMBS
(plaintiff/respondent)
v
QUEENSLAND COTTON CORPORATION LTD
ACN 010 944 591
(defendant/appellant)

FILE NO/S: Appeal No 10041 of 1999
SC No 5214 of 1999

DIVISION: Court of Appeal

PROCEEDING: General Civil Appeal

ORIGINATING COURT:
Supreme Court at Brisbane

DELIVERED ON: 24 November 2000

DELIVERED AT: Brisbane

HEARING DATE: 18 September 2000

JUDGES: Pincus and Thomas JJA, Jones J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER: Appeal dismissed with costs

CATCHWORDS:
WORKERS' COMPENSATION – ASSESSMENT AND AMOUNT OF COMPENSATION – ASSESSMENT BY AGREEMENT

WORKERS' COMPENSATION – ALTERNATIVE RIGHTS AGAINST EMPLOYER AND THIRD PARTIES – ALTERNATIVE RIGHTS AGAINST EMPLOYER FOR DAMAGES AT COMMON LAW OR BY STATUTE – RIGHT TO PROCEED FOR DAMAGES – respondent worker received "Notice of Assessment" from WorkCover containing WorkCover's assessment of degree of permanent impairment and offer of lump sum compensation – legislation required both board and worker to accept degree of permanent impairment – notice allowed worker both to accept degree of permanent impairment and to accept, reject or defer offer of lump sum compensation – whether worker's acceptance of degree of permanent impairment required to be notified to board – whether offer of compensation made before acceptance by board and worker of degree of permanent impairment still an offer for purpose of s 182D Workers' Compensation Act 1990, allowing worker to seek damages at law

WorkCover Queensland Act 1996 (Qld) s 542, s 551

Workers' Compensation Act 1990 (Qld) s 130, s 131, s 132, s 135, s 182B, s 182C, s 182D

Australian Broadcasting Corporation v Redmore Pty Ltd (1989) 166 CLR 454, considered

Coco v The Queen (1994) 179 CLR 427, cited

Hibberd v South Blackwater Coal Ltd SC No 47 of 1997, 28 August 1998, followed

Raymond v Honey [1983] 1 AC 1 cited

COUNSEL: R J Douglas SC for the appellant
D B Fraser QC with M P Kent for the respondent

SOLICITORS: Bowdens Lawyers for the appellant
Clewett Corser & Drummond for the respondent

PINCUS JA: This is an appeal from Helman J who dismissed an application to strike out the respondent's claim. Although not so identified in the writ, which was issued on 4 June 1999, the claim is for damages for personal injury said to have been suffered on 7 June 1996 in the course of the respondent's employment with the appellant. The question in the case is the effect of certain provisions of the Workers Compensation Act 1990 ("the Act"); it is the Act which applies, because the injury is alleged to have been sustained before the commencement of the WorkCover Queensland Act 1996: see s 551 of the 1996 Act.

Although I am in general agreement with the reasons given by the learned primary judge, the approach I take to the matter differs a little from his Honour's. The relevant provisions of the Act are as follows:

"132.(1)…

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 Coombs v Qld Cotton

Details

AGLC: Coombs v Qld Cotton [2000] QCA 476
Case: [2000] QCA 476
Decision Date: 24 November 2000

CaseChat Overview and Summary

In the case of Coombs v Qld Cotton, the respondent, Mr Coombs, a worker, sought compensation following an injury sustained at work. The dispute involved the interpretation of the Workers' Compensation Act 1990 and the implications of Mr Coombs' acceptance of a degree of permanent impairment as assessed by WorkCover. The Queensland Court of Appeal was tasked with determining whether Mr Coombs' acceptance of the degree of permanent impairment necessitated notification to the board and whether the offer of compensation remained valid under section 182D of the Act, enabling Mr Coombs to seek damages at law.

The court examined two primary legal issues. First, it considered whether Mr Coombs' acceptance of the degree of permanent impairment needed to be communicated to the board. Second, it addressed whether the offer of compensation made before the acceptance of the degree of permanent impairment by both Mr Coombs and the board remained valid, permitting Mr Coombs to pursue damages at common law.

The Court of Appeal held that the notice of assessment allowed Mr Coombs to accept the degree of permanent impairment and decide whether to accept, reject, or defer the offer of lump sum compensation. The court found that there was no requirement for Mr Coombs to notify the board of his acceptance of the degree of permanent impairment. Furthermore, the court determined that the offer of compensation was still valid for the purposes of section 182D of the Act, even if made before the acceptance by both the board and Mr Coombs of the degree of permanent impairment. Therefore, Mr Coombs retained the right to seek damages at law.

The appeal was dismissed with costs, affirming the lower court's decision and maintaining the status quo regarding the procedures and rights of workers under the Workers' Compensation Act 1990.

Orders

Orders of the court

Appeal dismissed with costs

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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CITATION:	Coombs v Qld Cotton [2000] QCA 476
PARTIES:	JOHN FRANCIS COOMBS (plaintiff/respondent) v QUEENSLAND COTTON CORPORATION LTD ACN 010 944 591 (defendant/appellant)
FILE NO/S:	Appeal No 10041 of 1999 SC No 5214 of 1999
DIVISION:	Court of Appeal
PROCEEDING:	General Civil Appeal
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED ON:	24 November 2000
DELIVERED AT:	Brisbane
HEARING DATE:	18 September 2000
JUDGES:	Pincus and Thomas JJA, Jones J Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDER:	Appeal dismissed with costs
CATCHWORDS:	WORKERS' COMPENSATION – ASSESSMENT AND AMOUNT OF COMPENSATION – ASSESSMENT BY AGREEMENT WORKERS' COMPENSATION – ALTERNATIVE RIGHTS AGAINST EMPLOYER AND THIRD PARTIES – ALTERNATIVE RIGHTS AGAINST EMPLOYER FOR DAMAGES AT COMMON LAW OR BY STATUTE – RIGHT TO PROCEED FOR DAMAGES – respondent worker received "Notice of Assessment" from WorkCover containing WorkCover's assessment of degree of permanent impairment and offer of lump sum compensation – legislation required both board and worker to accept degree of permanent impairment – notice allowed worker both to accept degree of permanent impairment and to accept, reject or defer offer of lump sum compensation – whether worker's acceptance of degree of permanent impairment required to be notified to board – whether offer of compensation made before acceptance by board and worker of degree of permanent impairment still an offer for purpose of s 182D Workers' Compensation Act 1990, allowing worker to seek damages at law WorkCover Queensland Act 1996 (Qld) s 542, s 551 Workers' Compensation Act 1990 (Qld) s 130, s 131, s 132, s 135, s 182B, s 182C, s 182D Australian Broadcasting Corporation v Redmore Pty Ltd (1989) 166 CLR 454, considered Coco v The Queen (1994) 179 CLR 427, cited Hibberd v South Blackwater Coal Ltd SC No 47 of 1997, 28 August 1998, followed Raymond v Honey [1983] 1 AC 1 cited
COUNSEL:	R J Douglas SC for the appellant D B Fraser QC with M P Kent for the respondent
SOLICITORS:	Bowdens Lawyers for the appellant Clewett Corser & Drummond for the respondent