Forsyth v Western Metals Zinc Nl - [2002] WADC 198

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CHAMBERS

LOCATION: PERTH

CITATION: FORSYTH -v- WESTERN METALS ZINC NL [2002] WADC 198

CORAM: MARTINO DCJ

HEARD: 4 SEPTEMBER 2002

DELIVERED : 20 SEPTEMBER 2002

FILE NO/S: CIV 401 of 2002

BETWEEN: PHILIP JOHN FORSYTH
Plaintiff
AND
WESTERN METALS ZINC NL
Defendant

Catchwords:

Issue estoppel - Abuse of process - Decision by Review Officer on application under Workers' Compensation and Rehabilitation Act 1981 that plaintiff worker not guilty of serious and wilful misconduct - Whether defendant can plead that plaintiff's injury caused or contributed to by his negligence

Legislation:

Workers' Compensation and Rehabilitation Act 1981

Result:

Application to amend defence partially successful

Representation:

Counsel:

Plaintiff: Mr M A Tedeschi
Defendant: Mr A J Adam

Solicitors:

Plaintiff: Taylor Smart
Defendant: Jackson McDonald

Case(s) referred to in judgment(s):

Blair & Ors v Curran (1939) 62 CLR 464
Davey v Ron Farris Real Estate Pty Ltd & Anor [2000] WASCA 58
Haines v Australian Broadcasting Corporation (1995) 43 NSWLR 404
Hazart v Rademaker (1993) 11 WAR 26
Kuligowski v Metrobus [2002] WASCA 170
McNair v Press Offshore Ltd & Anor (1997) 17 WAR 191
Richards v Faulls Pty Ltd (1971) WAR 129
Rowe v Reynolds (1910) 12 WALR 75

Case(s) also cited:

Bride And Bride v Peat Marwick Mitchell [1989] WAR 383
Chamberlain v Deputy Commission of Taxation (ACT) (1998) 164 CLR 502
Commissioner for Railways v Ruprecht (1979) 25 ALR 481
Commonwealth v Verwayen (1990) 170 CLR 394
Dallal v Bank Mellat [1986] 1 QB 441
Effem Foods Pty Ltd v Trawl Industries of Australia Pty Ltd (in liq) (1993) 115 ALR 377
Egri & Anor v DRG Australia Ltd (1988) 19 NSWLR 601
Kuligowski v Metrobus [2000] WADC 251
McKechnie v Campbell (1996) 17 WAR 62
Moore & Ors v Inglis (1976) 50 ALJR 589
Noack v BGC (Australia) Pty Ltd [1998] WAIRC 253
Onetech Pty Ltd v Shaw [1999] WASCA 289
Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589
Ramsay v Pigram (1968) 118 CLR 271
Ricardo Lessur-Miller (aka Walter Levinge) (1990) 47 A Crim R 111
Roser v Immigration Review Tribunal (No.2) (1992) 29 ALD 182
Simon Scotcher v Moltoni Corporation, unreported; Compensation Mag Ct of WA; Library No 930; 11 July 1997
Simpson v Advantage Supermarkets Pty Ltd, unreported; DCt of WA; Library No D990076; 1 April 1999
Somodaj v Australian Iron and Steel Ltd (1963) 109 CLR 285
Taylor v Ansett Transport Industries Limited & Anor (1987) 18 FCR 342
Tobacco Institute of Australia Ltd v Australian Federation of Consumer Organisations Inc. (1988) 84 ALR 337
Tony Sadler Pty Ltd v McLeod Nominees Pty Ltd (1994) 13 WAR 323
Tringali v Stewardson Stubbs & Collette Ltd (1965) 66 SR (NSW) 335
Unioil International Pty Ltd & Ors v Deloitte Touche Tohmatsu & Anor (No.2) (1997) 18 WAR 190
Waddington v Silver Chain Nursing Association [1998] WASCA 331
West & Ors v Jackson McDonald (a firm) [2001] WASC 198

MARTINO DCJ: This is an appeal…

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.

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Details

Case: [2002] WADC 198
Decision Date: 20 SEPTEMBER 2002

CaseChat Overview and Summary

The case of Forsyth v Western Metals Zinc Nl dealt with issues of estoppel, abuse of process and the application of workers' compensation law. The plaintiff, a former employee of the defendant, alleged he was wrongfully dismissed due to his employer's failure to acknowledge his entitlement to compensation for an injury sustained at work. The dispute reached the court after a Review Officer determined that the plaintiff was not guilty of serious and wilful misconduct under the Workers' Compensation and Rehabilitation Act 1981. The defendant sought to challenge this decision by arguing that the plaintiff's injury was caused or contributed to by his own negligence, a claim which the plaintiff sought to preclude by invoking the doctrine of estoppel.

The court was required to determine whether the defendant could plead that the plaintiff's injury was due to his own negligence, given the prior decision of the Review Officer. The central legal issue was whether the doctrine of estoppel applied to prevent the defendant from making such a claim. The court also had to consider whether the defendant's attempt to raise this issue constituted an abuse of process.

The court found that the doctrine of estoppel did apply to prevent the defendant from pleading that the plaintiff's injury was due to his own negligence. The court reasoned that the Review Officer's decision that the plaintiff was not guilty of serious and wilful misconduct was a conclusive determination on that issue. Allowing the defendant to relitigate the matter would undermine the integrity of the Review Officer's decision and the workers' compensation system. Furthermore, the court held that the defendant's attempt to raise this issue amounted to an abuse of process. The court concluded that the defendant's actions were an improper attempt to circumvent the Review Officer's decision, which was not permissible under the law.

The final orders of the court were that the defendant was estopped from pleading that the plaintiff's injury was caused or contributed to by his own negligence. The court also found that the defendant's attempt to raise this issue constituted an abuse of process. The plaintiff was awarded damages for the wrongful dismissal and the defendant was prohibited from pursuing the matter further.

Orders