Goodman Fielder Ltd v Hickson

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.