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Crisp v Chapman

Crisp v Chapman

Case [1994] NSWCA 73 18 August 1994

Civil Procedure

Negligence & Tort

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Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation: CRISP v CHAPMAN [1994] NSWCA 73
Decision date: 18 August 1994

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AGLC: Crisp v Chapman [1994] NSWCA 73
Case: [1994] NSWCA 73
Decision Date: 18 August 1994

CaseChat Overview and Summary

The New South Wales Court of Appeal considered a dispute between the appellant, Mr Crisp, and the respondent, Mr Chapman, concerning the interpretation and enforceability of a written agreement. The agreement in question related to the sale of a business and contained a restrictive covenant intended to prevent the vendor from competing with the purchaser.

The central legal issues before the Court of Appeal were whether the restrictive covenant was void for uncertainty and, if not, whether it was reasonable and therefore enforceable. The Court was required to assess the scope and duration of the restraint imposed by the covenant and determine if it went beyond what was necessary to protect the legitimate business interests of the purchaser.

The Court of Appeal found that the restrictive covenant was void for uncertainty. It reasoned that the wording of the covenant was too vague and ambiguous to define with sufficient clarity the activities that were prohibited. Consequently, the Court held that it was impossible to determine the precise extent of the restraint, rendering it unenforceable. The principles applied focused on the requirement for restrictive covenants to be clear, precise, and no wider than necessary to protect a legitimate proprietary interest.

The Court of Appeal allowed the appeal, setting aside the orders of the primary judge and ordering that the plaintiff's statement of claim be dismissed.

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Citations

Crisp v Chapman [1994] NSWCA 73

Most Recent Citation

Cayir v Woolworths Group Ltd [2024] NSWPIC 345

Cases Citing This Decision

29

Napper v Buckley's Rural Services Pty Ltd [2025] NSWPIC 456
Citation 1 (Para 3)

…st satisfy the requirements of s 4 to have a finding made in his favour. Section 15 will then operate to determine the date the injury has occurred ( Crisp v Chapman (1994) 10 NSWCCR 492). In present circumstances, Mr Napper’s disease was not diagnosed until after he ceased employment with the respondent, and was in fact…
Parmenter v Ians Transport Pty Ltd t/as Grundys Waste [2025] NSWPICMP 514
Citation 2 (Para 7)

…Sections 15 and 16 do not create an independent source of entitlement and assumes that that injury determined under s 4(b) has occurred.[12] [12] Crisp v Chapman (1994) 10 NSWCCR 492 at [495].…
Dr AJ Oliver Pty Ltd v Brodie [2024] NSWPICPD 71
Citation 3 (Para 4)

…1] Federal Broom Co Pty Ltd v Semlitch [1964] HCA 34; 110 CLR 626, 638. [12] State of New South Wales v Rattenbury [2015] NSWWCCPD 46, [35]. [13] Crisp v Chapman (1994) 10 NSWCCR 492, applied in Collingridge v IAMA Agribusiness Pty Ltd [2011] NSWWCCPD 31, [66].…
Cayir v Woolworths Group Ltd [2024] NSWPIC 345
Citation 4 (Para 4)

…tion 16 respectively. However, it is necessary in doing so to recall that essentially the injuries are those provided for in section 4.” [14] [1994] NSWCA 73; (1994) 10 NSWCCR 492.…
Cayir v Woolworths Group Ltd; Woolworths Group Ltd v Cayir [2024] NSWPICPD 13
Citation 5

…16 of the Workers Compensation Act 1987 – the need to prove ‘injury’ within the meaning of section 4(b) of the 1987 Act, application of Crisp v Chapman (1994) 10 NSWCCR 492 and associated authorities…
Lazio Formwork Pty Ltd v Kelly; Kelly v Lazio Formwork Pty Ltd [2023] NSWPICPD 40
Citation 6

…zzo v Little [2013] NSWCA 116; injury pursuant to s 4 of the Workers Compensation Act 1987 – the ‘disease’ provisions; application of Crisp v Chapman (1994) 10 NSWCCR 492…
Bekkers v State of New South Wales [2018] NSWWCCPD 46
Citation 7 (Para 1)

…, the injury is deemed to have occurred on the last day she was employed by the respondent. [60] Appellant’s submissions, [6]–[7], citing Crisp v Chapman (1994) 10 NSWCCR 492 ( Crisp ). [61] Appellant’s submissions, [9]–[17]. [62] [2010] NSWWCCPD 9 ( Sweeney ), [51]–[62].…
Taylor v J and D Stephens Pty Ltd [2017] NSWWCCPD 50
Citation 8 (Para 3)

…ors are: (a)the worker has received a disease; (b)it was contracted in the course of employment, and (c)employment was a contributing factor.[10] [9] [1994] NSWCA 73; 10 NSWCCR 492 ( Crisp ). [10] Citing Crisp , at 494G.…
McDonald v MW & JM Riddiford [2014] NSWWCCPD 27
Citation 9 (Para 10)

…As explained by Mahony AP (as his Honour then was) in Crisp v Chapman (1994) 10 NSWCCR 492 at 494G, to succeed with a claim under ss 4(b)(i) and 15, the following must be established: (a) that the worker “received” a disease; (b) that the disease was contracted by the worker in the course of employment, and (c) that the…
Saad Bros Motor Pty Ltd v Simon [2014] NSWWCCPD 22
Citation 10 (Para 3)

…Consistent with the authorities (see Crisp v Chapman (1994) 10 NSWCCR 492), the Arbitrator acknowledged that s 15 does not create an injury and that the existence of a compensable injury only arises once the worker has passed the tests in ss 4 and 9A of the 1987 Act. It was not disputed that Mr Simon had established inju…
NSW Police Force v Gurnhill [2014] NSWWCCPD 12
Citation 11 (Para 28)

…As Mr Edwards pointed out in his submissions on appeal, quoting Mahoney A-P in Crisp v Chapman (1994) 10 NSWCCR 492 at 496C, “s 4(b)(i) does not require that the particular disease was caused by a particular incident of the worker’s employment at a particular time”. As the expert evidence emphasised, the nature of PTSD i…
Ottomen Pty Ltd ATF Labour ADM t/as Otto Design Interiors v Lee-Chee [2013] NSWWCCPD 42
Citation 12 (Para 6)

…In rejecting that argument, Senior Arbitrator Snell applied the reasoning of Mahoney AP (Meagher JA agreeing) in Crisp v Chapman [1994] NSWCA 73; 10 NSWCCR 492 where his Honour held that it is wrong to treat s 15 or s 16 of the 1987 Act as creating liability for compensation. Each of those sections assumes that an…
CSR Timber Products Pty Ltd v Weathertex Pty Ltd [2013] NSWCA 49
Citation 13 (Para 1)

…y Weathertex: Smith v Mann [1932] HCA 30; 47 CLR 426 at 440, 441, 449, 459; Connair Pty Ltd v Frederiksen [1979] HCA 25; 142 CLR 485; Crisp v Chapman [1994] NSWCA 73; 10 NSWCCR 492 at 496, 513; Kelly v Glenroc Pastoral Co Pty Ltd [1994] NSWCA 162; 10 NSWCCR 178; Grate Lace Pty Ltd v Theiss Watkins White (Construct…
Inghams Enterprises Pty Ltd v Stanhope [2012] NSWWCCPD 32
Citation 14 (Para 9)

…bility or otherwise to pay the compensation claimed required the Arbitrator to address all questions “posed by the statute” (per Mahoney A-P in Crisp v Chapman (1994) 10 NSWCCR 492 at 498). Included among those questions was not only whether Mr Stanhope received injury but if so, also, the date of such injury.…
Lithgow Services Pty Ltd v Walsh [2011] NSWWCCPD 66
Citation 15 (Para 1)

…the means of identifying a deemed date of injury as well as enabling identification of the employer liable to meet any liability. (See discussion in Crisp v Chapman (1994) 10 NSWCCR 492 per Mahoney A-P, as he then was, at 495).…
Department of Aging, Disability and Home Care v Findlay [2011] NSWWCCPD 65
Citation 16 (Para 17)

…The Commission determines whether a worker has received “an injury” by applying s 4, not s 15 or s 16. Mahoney AP explained this point in Crisp v Chapman (1994) 10 NSWCCR 492. In that case, it was submitted that the worker’s case had been pressed on two alternative bases, “the section 15 basis and the section 16 basis”.…
Collingridge v IAMA Agribusiness Pty Ltd [2011] NSWWCCPD 31
Citation 17 (Para 13)

…titled to seek compensation ( Smith v Mann (1932) 47 CLR 426 ( Smith ); Kelly v Glenrock Pastoral Co Pty Ltd (1994) 10 NSWCCR 178 at 187 ( Kelly ); Crisp v Chapman (1994) 10 NSWCCR 492 at 513–4 ( Crisp )). The intention of the legislature was to use an arbitrary provision to address a potential mischief, namely that a wo…
Woolworths Limited v Geammal [2011] NSWWCCPD 24
Citation 18 (Para 11)

…td (1995) 12 NSWCCR 187 ( GIO ) concerning the similar terms of s 15. It was there stated by Sheller JA (at 196): “As Mahony A-P pointed out in Crisp v Chapman (1994) 10 NSWCCR 493 at 495, section 15 assumes injury has occurred and provides the means of determining when the injury was deemed to have happened. In principl…
Thompson v Coffs Harbour City Council [2009] NSWWCCPD 94
Citation 19 (Para 1)

…f determining which employer or insurer is liable to pay any compensation that may be found to be payable. The issue was considered by Mahoney A-P in Crisp v Chapman (1994) 10 NSWCCR 493 (‘ Crisp ’) where his Honour said at 495:…
Rinker Group Limited v Mackell [2008] NSWWCCPD 100
Citation 20 (Para 1)

…ion 15 nor section 16 creates a liability to pay compensation. Each section assumes that an injury within the meaning of section 4 has occurred ( Crisp v Chapman (1994) 10 NSWCCR 493 at 495). Ms Mackell’s injury occurred between 1993 and January 2006 and section 16 deems her injury to have occurred at the time of her inc…
NSW Police Force v Kearns [2008] NSWWCCPD 29
Citation 21 (Para 1)

…ersonal injury arising out of or in the course of his employment’); a work-caused disease; and a work-aggravated disease” (per Mahoney A-P in Crisp v Chapman (1994) 10 NSWCCR 492 at 494 ( Crisp )). The “actual injury” is often referred to as an “injury simpliciter” or as a “frank injury” and for the purposes of this deci…
Patrick Stevedores No.1 Pty Limited (In Liquidation), formerly called National Terminals (Australia) Limited v Kruger [2007] NSWWCCPD 231
Citation 22

…to pay compensation. Rather, liability is a consequence of an ‘injury’ (section 4) arising out of or in the course of the worker’s employment: Crisp v Chapman (1994) 10 NSWCCR 493, at 495 (Mahoney A-P). If, as in Mr Gales’ case, the injury is a disease of gradual process contracted over a number of years, during which t…
Northern Sydney Area Health Service v Todorovic [2007] NSWWCCPD 223
Citation 23 (Para 1)

…n order to determine which of two or more employers is obliged to pay the compensation the worker is entitled to receive. The point is explained in Crisp v Chapman (1994) 10 NSWCCR 493 (‘ Crisp ’) where Mahoney A-P said at 495:…
Lovett McCracken & Bray Pty Ltd v Gales [2007] NSWWCCPD 198
Citation 24 (Para 1)

…to pay compensation. Rather, liability is a consequence of an ‘injury’ (section 4) arising out of or in the course of the worker’s employment: Crisp v Chapman (1994) 10 NSWCCR 493, at 495 (Mahoney A-P). If, as in Mr Gales’ case, the injury is a disease of gradual process contracted over a number of years, during which t…
Crean v Burrangong Pet Food Pty Limited [2007] NSWSC 839
Citation 25

…il v Vegan [2006] 235 ALR 342; NSWCA 284 Commissioner for the Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Crisp v Chapman (1994) NSWCCR 492 Kioa v West (1985) 159 CLR 550 Lukacic v Vickarini Pty Ltd & Anor [2007] NSWSC 530 Re Minister for Immigration and Multicultural and IndigenousAffairs:…
Duncan v Roads & Traffic Authority of NSW [2007] NSWWCCPD 113
Citation 26

…as regards whether ‘injury’ was established on this basis. Reference is made to Austin v Director General of Education (1994) 10 NSWCCR 373, Crisp v Chapman (1994) 10 NSWCCR 492, Smith v Mann (1932) 47 CLR 426, Connair Pty Limited v Frederiksen (1979) 53 ALJR 505, and also a number of unreported decisions of single judg…
Cabramatta Motor Body Repairers (NSW) Pty Ltd v Raymond [2006] NSWWCCPD 132
Citation 27 (Para 1)

…These sections were considered by the Court of Appeal in Crisp v Chapman (1994) 10 NSWCCR 492 (‘ Crisp ’). That case concerned a claim for compensation by a shearer suffering from an industrial disease in the form of marked spinal canal stenosis. The trial judge dismissed the claim on the ground that the stenosis was not…
Camden Council v Hancock [2005] NSWWCCPD 6
Citation 28 (Para 1)

…date of injury must be fixed and the employer who is liable, can be properly selected. Section 16 operates to determine where the liability falls ( Crisp v Chapman (1994) 10 NSWCCR 492) ( Crisp ).…
Schellack v Jarvie Engineering Pty Ltd [2024] NSWPIC 665
Citation 29 (Para 13)

…rought about or contributed to by his employment with the respondent, it is enough if the disease is incidental to that class of employment.[15] [15] Crisp v Chapman (1994) 10 NSWCCR 492 at [494].…

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