SUPREME COURT OF QUEENSLAND
CITATION:
Dowd v Swift Australia P/L [2008] QCA 228
PARTIES:
RAYMOND JAMES DOWD
(plaintiff /respondent)
v
SWIFT AUSTRALIA PTY LIMITED ABN 011 062 338
(defendant/applicant)FILE NO/S:
Appeal No 2572 of 2008
DC No 219 of 2004DIVISION:
Court of Appeal
PROCEEDING:
Application for leave s 118 DCA (Civil)
ORIGINATING COURT:
District Court at Townsville
DELIVERED ON:
8 August 2008
DELIVERED AT:
Brisbane
HEARING DATE:
1 August 2008
JUDGES:
Keane JA, Mackenzie AJA and Dutney J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application refused with costs
CATCHWORDS:
WORKERS' COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – PRELIMINARY REQUIREMENTS – NOTICE OF INJURY – GENERALLY – where respondent employed by applicant as meatworker – where respondent commenced action for personal injuries against applicant – where respondent pleads three time periods in which injury may have been suffered – where respondent received notice of assessment specifying the date of injury – where applicant brought application to strike out parts of the statement of claim referring to two of the three time periods – where District Court judge at first instance dismissed application – where applicant sought leave to appeal pursuant to s 118(3) of the District Court of Queensland Act 1967 (Qld) – whether by nominating three time periods in which the injury may have been suffered the respondent should be taken to be alleging three separate injuries – whether WorkCover Queensland Act 1996 (Qld) requires respondent to plead an injury so that it relates to a specific event – whether leave should be granted and whether order of learned District Court judge should be set aside
WorkCover Queensland Act 1996 (Qld), s 33, s 253, s 266
Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170; [1981] HCA 37, applied
Re Moage Ltd (in liq) v Jagelman & Ors (1998) 153 ALR 711; [1998] FCA 296, discussed
Wardley Australia Ltd v The State of Western Australia (1992) 175 CLR 514; [1992] HCA 55, followed
Wilkinson v Stevensam P/L & Ors [2006] QCA 88, distinguishedCOUNSEL:
J A Griffin QC for the applicant
A J Moon for the respondentSOLICITORS:
A K Compensation Lawyers for the applicant
Connolly Suthers for the respondent
KEANE JA: I agree with Dutney J that the application should be refused with costs for the reasons given by his Honour.
MACKENZIE AJA: I agree with the reasons of Dutney J and with the orders proposed by him.
DUTNEY J: The applicant, seeks leave under s 118 (3) of the District Court of Queensland Act 1967 (Qld) to appeal against a decision of a judge of the District Court dismissing an application to strike out part of the respondent’s statement of claim.
At the material time, the applicant operated a meatworks in Townsville. The respondent was employed by the applicant as a meatworker and claims to have been…
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- Case
- [2008] QCA 228
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the respondent's nomination of three time periods in which the injury may have been suffered constituted allegations of three separate injuries. This, in turn, raised the question of whether the WorkCover Queensland Act 1996 (Qld) mandates that an injury must be pleaded in relation to a specific event. The court was required to determine whether the respondent's pleadings complied with the statutory requirements and if the District Court judge's decision should be overturned.
The court held that the respondent's pleading of three time periods did not necessarily constitute three separate injuries. It was sufficient for the respondent to identify the general period during which the injury occurred. The court found that the statutory requirement for a specific event was not strictly interpreted to preclude the respondent from pleading a general time frame. Consequently, the court refused the applicant's leave to appeal and upheld the District Court judge's order. The court's reasoning was that the respondent's pleadings were adequate within the context of the statutory provisions and did not warrant a different outcome. The court concluded that the order of the learned District Court judge should remain in place.
Orders
Orders of the court
Application refused 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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