Goodman Fielder Ltd v Hickson - [2008] NSWCA 69

Appeal Outcome: Appeal allowed by the High Court 12 March 2009 [2009] HCA 11

New South Wales

Court of Appeal

CITATION: Goodman Fielder Ltd v Hickson [2008] NSWCA 69

HEARING DATE(S): 16 October 2007

JUDGMENT DATE:
24 April 2008

JUDGMENT OF: Giles JA at 1; Hodgson JA at 34; Hislop J at 44

DECISION: By majority, Hodgson JA dissenting: (1) Appeal allowed; (2) Set aside the answers to the questions, and in lieu thereof answer the questions - Q1(a) No, Q1(b) Does not arise, Q3 Does not arise; (3) Set aside any order as to costs of deciding the separate questions made by the trial judge and order that the defendant pay the plaintiff's costs of deciding the separate questions; (4) Respondent to pay appellant's costs of the appeal and have a certificate under the Suitors Fund Act.

CATCHWORDS: STATUTORY CONSTRUCTION - workers compensation - reduction for contributory negligence of workers compensation repayment to employer by worker - Workers Compensation Act s 151Z(1)(b) - Law Reform (Miscellaneous Provisions) Act 1965 Pt 3 - per majority s 10(2) Law Reform (Miscellaneous Provisions) Act 1965 requires court determination of reduction in action between worker and third party - Hodgson JA contra.

LEGISLATION CITED: Law Reform (Miscellaneous Provisions) Act 1965
Workers Compensation Act 1926
Workers Compensation Act 1987
Compensation to Relatives Act 1897
Law Reform (Miscellaneous Provisions) Amendment Act 2000
Interpretation Act 1987 (NSW)

CASES CITED: Malec v J C Hutton Pty Ltd (1990) 169 CLR 638
Sellers v Adelaide Petroleum NL (1994) 179 CLR 332
Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297
Astley v AusTrust Ltd (1999) 197 CLR 1
Beecroft Bakeries Pty Ltd v Allen (1971) 3 DCR 34

PARTIES: Goodman Fielder Ltd (Appellant)
Glenn Andrew Joseph Hickson (Respondent)

FILE NUMBER(S): CA 40646/2006

COUNSEL: L. King SC/G.J. Parker (Appellant)
A.S. Bell SC/D.J. Hooke (Respondent)

SOLICITORS: Eakin McCaffery Cox (Appellant)
Beilby Poulden Costello (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 2502/2006

LOWER COURT JUDICIAL OFFICER: Kearns DCJ

LOWER COURT DATE OF DECISION: 20 September 2006

CA 40646/2006
DC 2502/2006

GILES JA
HODGSON JA
HISLOP J
Thursday 24 April 2008

GOODMAN FIELDER LIMITED

GLENN ANDREW JOSEPH HICKSON

Judgment

1 GILES JA: When an injured worker receives workers compensation benefits from the employer and then common law damages from the wrongdoer, there is adjustment to prevent over-compensation. Generally speaking, the workers compensation legislation provides that an employer wrongdoer is credited (in the manner later better explained) with the amount of the workers compensation benefits, and if the wrongdoer was a third party that the employer can recover the amount of the workers compensation benefits from the worker out of the worker’s damages.

2 Prior to the enactment of the Law Reform (Miscellaneous Provisions) Act 1965 (“the LR Act”), there was in New South Wales no question of reduction of the worker’s damages for contributory negligence. Contributory negligence defeated the worker’s claim entirely. The LR Act provides that it should not do…

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.

Continue reading Goodman Fielder Ltd v Hickson

Details

AGLC: Goodman Fielder Ltd v Hickson [2008] NSWCA 69
Case: [2008] NSWCA 69
Decision Date: 24 April 2008

CaseChat Overview and Summary

In *Goodman Fielder Ltd v Hickson*, the New South Wales Court of Appeal considered a dispute concerning the reduction of a worker's compensation repayment to an employer due to the worker's contributory negligence. The case involved an appeal from a decision regarding the application of the *Workers Compensation Act* and the *Law Reform (Miscellaneous Provisions) Act 1965*.

The central legal issue before the Court of Appeal was the interpretation of section 151Z(1)(b) of the *Workers Compensation Act* in conjunction with section 10(2) of the *Law Reform (Miscellaneous Provisions) Act 1965*. Specifically, the court had to determine whether the reduction for a worker's contributory negligence, in an action between the worker and a third party, required a court determination.

By majority, the Court of Appeal held that section 10(2) of the *Law Reform (Miscellaneous Provisions) Act 1965* mandates a court determination of the reduction for contributory negligence in an action between a worker and a third party. The majority reasoned that this statutory framework was designed to ensure that such reductions were judicially assessed. Consequently, the appeal was allowed, the previous answers to the separate questions were set aside, and the defendant was ordered to pay the plaintiff's costs of deciding those questions, as well as the costs of the appeal.

Orders

Orders of the court

By majority, Hodgson JA dissenting: (1) Appeal allowed; (2) Set aside the answers to the questions, and in lieu thereof answer the questions - Q1(a) No, Q1(b) Does not arise, Q3 Does not arise; (3) Set aside any order as to costs of deciding the separate questions made by the trial judge and order that the defendant pay the plaintiff's costs of deciding the separate questions; (4) Respondent to pay appellant's costs of the appeal and have a certificate under the Suitors Fund Act.

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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CITATION:	Goodman Fielder Ltd v Hickson [2008] NSWCA 69
HEARING DATE(S):	16 October 2007
JUDGMENT DATE:	24 April 2008
JUDGMENT OF:	Giles JA at 1; Hodgson JA at 34; Hislop J at 44
DECISION:	By majority, Hodgson JA dissenting: (1) Appeal allowed; (2) Set aside the answers to the questions, and in lieu thereof answer the questions - Q1(a) No, Q1(b) Does not arise, Q3 Does not arise; (3) Set aside any order as to costs of deciding the separate questions made by the trial judge and order that the defendant pay the plaintiff's costs of deciding the separate questions; (4) Respondent to pay appellant's costs of the appeal and have a certificate under the Suitors Fund Act.
CATCHWORDS:	STATUTORY CONSTRUCTION - workers compensation - reduction for contributory negligence of workers compensation repayment to employer by worker - Workers Compensation Act s 151Z(1)(b) - Law Reform (Miscellaneous Provisions) Act 1965 Pt 3 - per majority s 10(2) Law Reform (Miscellaneous Provisions) Act 1965 requires court determination of reduction in action between worker and third party - Hodgson JA contra.
LEGISLATION CITED:	Law Reform (Miscellaneous Provisions) Act 1965 Workers Compensation Act 1926 Workers Compensation Act 1987 Compensation to Relatives Act 1897 Law Reform (Miscellaneous Provisions) Amendment Act 2000 Interpretation Act 1987 (NSW)
CASES CITED:	Malec v J C Hutton Pty Ltd (1990) 169 CLR 638 Sellers v Adelaide Petroleum NL (1994) 179 CLR 332 Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 Astley v AusTrust Ltd (1999) 197 CLR 1 Beecroft Bakeries Pty Ltd v Allen (1971) 3 DCR 34
PARTIES:	Goodman Fielder Ltd (Appellant) Glenn Andrew Joseph Hickson (Respondent)
FILE NUMBER(S):	CA 40646/2006
COUNSEL:	L. King SC/G.J. Parker (Appellant) A.S. Bell SC/D.J. Hooke (Respondent)
SOLICITORS:	Eakin McCaffery Cox (Appellant) Beilby Poulden Costello (Respondent)
LOWER COURT JURISDICTION:	District Court
LOWER COURT FILE NUMBER(S):	2502/2006
LOWER COURT JUDICIAL OFFICER:	Kearns DCJ
LOWER COURT DATE OF DECISION:	20 September 2006