SUPREME COURT OF QUEENSLAND
CITATION: Hawthorne v Thiess Contractors P/L & Anor [2001] QCA 223 PARTIES: CATHERINE THERESA HAWTHORNE
(plaintiff/appellant)
v
THIESS CONTRACTORS PTY LTD
ACN 010 221 486
(first defendant/first respondent)
WORKCOVER QUEENSLAND
(second defendant/second respondent)FILE NOS: Appeal No 5605 of 2000
SC No 3399 of 2000DIVISION: Court of Appeal PROCEEDING: General Civil Matter ORIGINATING COURT: Supreme Court at Brisbane
DELIVERED ON: 8 June 2001 DELIVERED AT: Brisbane HEARING DATE: 30 March 2001 JUDGES: McMurdo P, Thomas JA and Byrne J ORDER: Appeal dismissed with costs CATCHWORDS: WORKERS' COMPENSATION – ALTERNATIVE RIGHTS AGAINST EMPLOYER AND THIRD PARTIES – ALTERNATIVE RIGHTS AGAINST EMPLOYER FOR DAMAGES AT COMMON LAW OR BY STATUTE – EFFECT OF CLAIM OR PROCEEDING FOR, OR RECEIPT OF COMPENSATION ON RIGHT TO DAMAGES – GENERALLY – where the appellant claims damages for personal injuries arising out of employment – whether any common law right to damages is extinguished by the WorkCover Queensland Act 1996 - meaning of damages under section 11(1) WorkCover Queensland Act 1996 – whether the appeal against the dismissal of a claim to declaratory relief should be allowed after the appellant instituted damages proceedings in contravention of a prohibition within section 265 WorkCover Queensland Act 1996
WORKERS' COMPENSATION – WORKERS' COMPENSATION - "INJURY” – WHAT CONSTITUTES INJURY – meaning of “injury” under section 34(1) WorkCover Queensland Act 1996 – whether the injury is a continuation of a pre-existing injury
WORKERS' COMPENSATION – WORKERS' COMPENSATION – CAUSAL RELATION BETWEEN INJURY AND INCAPACITY OR DEATH – GENERALLY – whether employment was a major significant factor in causing the injury
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – CONSIDERATION OF EXTRINSIC MATTERS – LEGISLATIVE HISTORY OF ACT – Minister's second reading speech – whether the WorkCover Queensland Act 1996 was intended to extend to all instances in which a PAYE employee seeks damages from an employer for work-related symptoms
Acts Interpretation Act 1954 (Qld), s 14A, s 14B(1), s 32A
WorkCover Queensland Act 1996 (Qld), s 5(2), s 5(4)(a), s 5(6), s 6 (1)(a), s 8, s 11(1), s 12(1), s 13(a), s 28(3)(b), s 34, s 253(10, s 265(1), s 302Astley v Austrust Ltd (1999) 197 CLR 1, considered
Bonnington Castings Ltd v Wardlow [1956] AC 613, considered
Bonser v Melnacis& Anor [2000] QCA 13, CA 4369 of 1999, 8 February, 2000, considered
Chappel v Hart [1998] 195 CLR 232, considered
Commissioner for Railways (NSW) v Agalianos (1955) 92 CLR 390, considered
March v Stramare (E & M H) Pty Ltd [1990-1991] 171 CLR 506, explained
Naxakis v Western General Hospital [1999] 73 ALJR 782, consideredCOUNSEL: R J Douglas SC with K F Holyoak for the appellant
G K Flint for the first respondent
P A Keane QC with R E Treston for the second respondentSOLICITORS: Biggs & Biggs for the appellant
Moray & Agnew for the first respondentMullins & Mullins for the second respondent
McMURDO P: I have read the reasons…
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- Case
- [2001] QCA 223
- Decision Date
CaseChat Overview and Summary
The court examined whether the WorkCover Queensland Act 1996 extinguished any common law right to damages, considering the meaning of "damages" under section 11(1) of the Act. The court also assessed whether the injury was a continuation of a pre-existing injury, according to the definition of "injury" under section 34(1) of the Act. Additionally, the court considered whether employment was a major significant factor in causing the injury. The court interpreted the legislative history of the Act, including the Minister's second reading speech, to determine if the Act was intended to extend to all instances where a PAYE employee seeks damages from an employer for work-related symptoms.
The court found that the WorkCover Queensland Act 1996 did extinguish any common law right to damages. The court also determined that the injury was a continuation of a pre-existing injury and that employment was not a major significant factor in causing the injury. The appeal against the dismissal of the claim to declaratory relief was dismissed, as the appellant had instituted damages proceedings in contravention of a prohibition within the Act. The appeal was dismissed with costs.
Orders
Orders of the court
Appeal dismissed with costs
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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