Davies v Barancewicz

Case [2011] ACTSC 166


Damien Davies v Belinda Barancewicz [2011] ACTSC 166 (11 October 2011)

LIMITATION OF ACTIONS – Limitation Act 1985 (ACT) – whether the Court has the power under s 36 to extend time for an employee entitled to claim workers compensation benefits from her employer to sue a third party tortfeasor – whether employee excluded by s 16B – whether s 16A is limited to claims for damages by employees against their employers

COURTS AND JUDGES – Judges – adequacy of reasons – the duty to give reasons does not require every argument to be addressed

Civil Law Wrongs Act 2002 (ACT)
Legislation Act 2001 (ACT)
Limitation Act 1985 (ACT)
Workers Compensation Act 1951 (ACT)
Workers Compensation Amendment Act 2001 (ACT)

Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430
Buck v Comcare (1996) 66 FCR 359
Bull v Attorney-General for New South Wales (1913) 17 CLR 370
Cole v Director-General of Department of Youth and Community Services (1986) 7 NSWLR 541
Comcare v Forbutt [2000] FCA 837
Commissioner for ACT Revenue v Dataflex Pty Ltd [2011] ACTCA 14
Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297
Do Carmo v Ford Excavations Pty Ltd (1984) 154 CLR 234
Goliath Portland Cement Co Ltd v Chief Executive Officer of Customs (2000) 101 FCR 11
Goundar v Minister for Immigration (1994) 54 FCR 300
Harris v Commissioner of Taxation (2002) 125 FCR 46
Housing Commission of New South Wales v Tatmar Pastoral Co Pty Ltd [1983] 3 NSWLR 378
HP Mercantile Pty Ltd v Commissioner of Taxation (2005) 143 FCR 553
Huntsman Chemical Co Australia PtyLtd v Narellan Pools Pty Ltd [2011] FCAFC 7
Mifsud v Campbell (1991) 21 NSWLR 725
Mills v Meeking (1989) 1 ALR 16
Newcastle City Council v GIO General Ltd (1997) 191 CLR 85
O’Grady v Northern Queensland Company Ltd (1990) 169 CLR 356
Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355
R v Young (1999) 46 NSWLR 681
Re Dingjan: ex parte Wagner (1995) 183 CLR 323
Richardson v ACT Health and Community Care Service (2000) 100 FCR 1
Saeed v Minister for Immigration & Citizenship (2010) 241 CLR 252
Saraswati v R (1991) 172 CLR 1
Thompson v Goold & Co [1910] AC 409
Wills v Bowley [1983] 1 AC 57

ON APPEAL FROM THE MASTER OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SC 198 of 2010
Judge:  Katzmann J
Supreme Court of the ACT
Date:   11 October 2011

IN THE SUPREME COURT OF THE     )
  )          No. SC 198 of 2010
AUSTRALIAN CAPITAL TERRITORY           )

ON APPEAL FROM THE MASTER OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:DAMIEN DAVIES

Appellant

AND:BELINDA BARANCEWICZ

Respondent

ORDER

Judge:  Katzmann J
Date:  11 October 2011
Place:  Sydney/Canberra

THE COURT ORDERS THAT:

  1. The appeal be dismissed with costs.

  1. On her way home from work on 13 March 2007 Belinda Barancewicz was involved in an accident when the vehicle she was…

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AGLC
Davies v Barancewicz [2011] ACTSC 166
Case
[2011] ACTSC 166
Decision Date

CaseChat Overview and Summary

Davies v Barancewicz involved a dispute between the plaintiff, Davies, and the defendant, Barancewicz. The plaintiff sought to sue the defendant for damages related to an injury sustained in a workplace accident, where the defendant was a third-party tortfeasor. The primary legal issue before the court was whether the Court has the authority under section 36 of the Limitation Act 1985 (ACT) to extend the time for the plaintiff to sue the third-party tortfeasor, and whether the exclusion under section 16B of the Act applied to the plaintiff. The court also considered whether section 16A of the Act was limited to claims for damages by employees against their employers.

The court held that the statutory framework provided by the Limitation Act 1985 (ACT) did not confer the power to extend time for an employee to sue a third-party tortfeasor. The court concluded that the exclusion under section 16B applied to the plaintiff and that section 16A was indeed limited to claims for damages by employees against their employers. The court found that the duty to give reasons did not require every argument to be addressed, and the reasoning provided was adequate. Consequently, the appeal was dismissed, and the plaintiff was ordered to pay the costs.

Orders

Orders of the court

1.

The appeal be 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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