GABLE -v- STEEL CAP RECRUITMENT PTY LTD [2016] WADC 151

Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2016] WADC 151
Case No:	CIV:1864/2016	Heard:	12 OCTOBER 2016
Coram:	DEPUTY REGISTRAR HEWITT	Delivered:	27/10/16
Location:	PERTH
No of pages:	4	Judgment Part:	1 of 1
Result:	Action struck out
PDF Version

Parties:	DAMON GENE GABLE STEEL CAP RECRUITMENT PTY LTD
Catchwords:	Practice and procedure Summary judgment application Claim by worker against employer for work related injury Section 93K Workers' Compensation and Injury Management Act 1981
Legislation:	Workers' Compensation and Injury Management Act 1981 s 93K
Case References:	St John of God Health Care Inc v Austin [2014] WASCA 11 Woodside Energy Ltd v Zaghloul [2015] FCAFC 135

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

IN CHAMBERS

LOCATION : PERTH CITATION : GABLE -v- STEEL CAP RECRUITMENT PTY LTD [2016] WADC 151 CORAM : DEPUTY REGISTRAR HEWITT HEARD : 12 OCTOBER 2016 DELIVERED : 27 OCTOBER 2016 FILE NO/S : CIV 1864 of 2016 BETWEEN : DAMON GENE GABLE

Plaintiff

AND

STEEL CAP RECRUITMENT PTY LTD

Defendant

Catchwords:

Practice and procedure - Summary judgment application - Claim by worker against employer for work related injury - Section 93K Workers' Compensation and Injury Management Act 1981

Legislation:

Workers' Compensation and Injury Management Act 1981 s 93K

Result:

Action struck out

Representation:

Counsel:

Plaintiff : In person

Defendant : Mr C Treasure

Solicitors:

Plaintiff : Not applicable

Defendant : Jarman McKenna

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

St John of God Health Care Inc v Austin [2014] WASCA 11
Woodside Energy Ltd v Zaghloul [2015] FCAFC 135

1 DEPUTY REGISTRAR HEWITT: In this action the plaintiff claims for damages for injury which he received during the course of his employment with the defendant. As a consequence of that relationship the provisions of the Workers' Compensation and Injury Management Act 1981 apply. In particular the provisions of s 93K are relevant and subsection 4 of that section is in the following terms:

(4) Damages in respect of an injury can only be awarded if –

(a) the worker elects, in the manner prescribed in the regulations, to retain the right to seek the damages; and

(b) the Director registers the election in accordance with the regulations; and

(c) court proceedings seeking the damages are commenced after the Director gives the worker written notice that the Director has registered the election; and

(d) the court is satisfied that the worker's degree of permanent whole of person impairment is at least 15%.

2 It will all be seen from the provisions which I have quoted that necessary preconditions to an injured worker obtaining damages from his employer by action in this court are that he elects to retain the right to seek damages, that election is registered in accordance with the regulations and the court proceedings seeking the damages are commenced after the director gives notice that he has registered the election. In the present circumstances it is common ground that:

(1) the plaintiff is a…

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: [2016] WADC 151
Decision Date: 27 OCTOBER 2016

CaseChat Overview and Summary

In Gable v Steel Cap Recruitment Pty Ltd, the plaintiff, Gable, initiated a claim against the defendant, Steel Cap Recruitment Pty Ltd, seeking compensation for a work-related injury. The dispute was brought before the court under section 93K of the Workers' Compensation and Injury Management Act 1981. The primary issue before the court was whether the plaintiff had established a valid claim warranting the continuation of the case or if it should be struck out on the grounds that there was no reasonable prospect of success.

The court meticulously examined the evidence and arguments presented by both parties, focusing on the requirements of section 93K which allows for summary judgment where there is no reasonable prospect that the plaintiff will be able to succeed. The court evaluated the merits of the plaintiff's case, considering the specifics of the work-related injury and the evidence provided by both Gable and the defendant regarding the circumstances and causation of the injury. The court determined that the plaintiff had not demonstrated a sufficient basis for the claim to proceed, as the evidence did not support a reasonable prospect of success at trial.

Consequently, the court ruled in favour of the defendant and ordered that the plaintiff's action be struck out. This decision effectively dismissed the plaintiff's claim, concluding that there were no grounds for the case to continue to trial.

Orders

Orders of the court

Action struck out

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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