Green v Suncorp Metway Ltd

[2000] QSC 12

SUPREME COURT OF QUEENSLAND

CITATION:

Philomena Ann Green v Suncorp Metway Ltd & Ors [2000] QSC 012

PARTIES:

PHILOMENA ANN GREEN
(applicant)
SUNCORP METWAY LTD
ACN 010 831 722
(first respondent)
SUNCORP METWAY QIDC STAFF PTY LTD
ACN 010 869 726
(second respondent)
SUNCORP GENERAL INSURANCE LTD
ACN 075 695 966
(third respondent)

FILE NO:

673 of 2000

DIVISION:

Trial Division

DELIVERED ON:

8 February 2000

DELIVERED AT:

Brisbane

HEARING DATE:

1 February 2000

JUDGES:

Shepherdson J

ORDER:

Application dismissed

CATCHWORDS:

MASTER AND SERVANT – Construction of Statutes – WorkCover Queensland Act 1996 – applicant holds conditional certificate issued under s 262 of the Act allowing proceedings to be commenced – applicant applies under s 305 of the Act for leave to commence proceedings – whether such application is necessary.

COUNSEL:

Mr JS Douglas QC and Mr Rangiah for applicant

Mr Hoare for respondents

SOLICITORS:

Murphy Schmidt for applicant
Clayton Utz for respondents

1. SHEPHERDSON J:  The abovenamed applicant has applied to the court for the following orders:

1. That pursuant to s 305 of the WorkCover Queensland Act1996 (as amended) the applicant be granted leave to bring a proceeding against the abovenamed respondents despite noncompliance with the requirement of s 280 of the Act.

2. That the applicant may start the proceeding once she has complied with s 302 of the Act.

3.          That costs of the application be costs in the cause.

1. The application requires me to answer the following question:

1.          In the events which have happened can the present applicant lawfully begin her action against the abovenamed respondents for damages for personal injuries without having made the present application?

1. Before turning to the WorkCover Queensland Act 1996, I note the following facts appearing from the applicant's material read before me.

1. On 10 December 1997 the applicant (then aged 45 years) completed an application for compensation.  The application was made under the WorkCover Queensland Act 1996 which had come into force on 1 February 1997.  In that application she alleged having suffered a neck strain on 8 December 1997 while at her work station using her computer.  In the application she said she believed "the injury was caused by my positioning the phone between my head and shoulder to enable me to type with both hands".

1. It appears that at material times the applicant was a telephone operator and that the applicant was employed with one or other of the abovenamed respondents from 20 November 1995 to 11 December 1997.

1. The application for compensation was allowed.  Weekly compensation was paid but not beyond 13 July 1998 because WorkCover Queensland considered the applicant's continued absence from work was not the result of an "injury".

1. On 20 July 1998 the applicant consulted her present solicitors.  I should mention now that the evidence shows the solicitors have issued two writs but for present purposes I ignore these writs.

1. Dr White, an orthopaedic surgeon has examined the applicant a number of times and has provided reports to her solicitors.  In…