DISTRICT COURT OF QUEENSLAND
CITATION:
Healy v Logan City Council [2016] QDC 15
PARTIES:
MICHELLE MAREE HEALY
(plaintiff)v
LOGAN CITY COUNCIL
(defendant)FILE NO/S:
D143/2016
DIVISION:
PROCEEDING:
Application
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
17 February 2016
DELIVERED AT:
Brisbane
HEARING DATE:
29 January 2016
JUDGE:
McGill SC, DCJ
ORDER:
Order the defendant to provide certain information in accordance with these reasons. Application otherwise dismissed.
CATCHWORDS:
EMPLOYMENT LAW – Injury to employee – Liability of employer – pre-litigation procedure – obligation to provide information reasonably requested – scope of obligation – whether requests reasonable.
Workers’ Compensation and Rehabilitation Act 2003 s 279(1)(b).
Angus v Conelius [2008] 1 Qd R 101 – cited.
Cross v Queensland Rugby Football Union Ltd [2001] QSC 173 – cited.
Doupain v JBS Australia Pty Ltd (Townsville D361/2012, 14/12/12, Baulch DCJ, unreported) – followed.
Dwyer v Framemaster (Qld) Pty Ltd [2013] QDC 150 – cited.
Gitsham v Suncorp Metway Insurance Limited [2003] 2 Qd R 251 – cited.
Haug v Jupiters Ltd [2008] 1 Qd R 276 – cited.
McGuire v Woolworths Limited (S9924/2009, 25/9/09, P Lyons J, unreported) – not followed.
N B Hayward Pty Ltd v Thomas [2014] QDC 147 – followed.
R v Wallace (1949) 78 CLR 529 – cited.
RACQ-GIO Insurance Ltd v Ogilvie [2002] 1 Qd R 536 – cited.
Ranger v Suncorp [1999] 2 Qd R 433 – cited.
RSL (Qld) War Veterans Homes Ltd v Palma [2010] QSC 222 – followed.
Suncorp Metway Insurance Ltd v Brown [2005] 1 Qd R 204 – considered.
Suncorp Metway Insurance Ltd v Hill [2004] 2 Qd R 681 – cited.COUNSEL:
G J Cross for the plaintiff
W D P Campbell for the defendantSOLICITORS:
Patinos personal lawyers for the plaintiff
Jensen McConaghy for the defendant
This is an application under the Workers’ Compensation and Rehabilitation Act 2003 (“the Act”) s 287 for the defendant to comply with its obligation under s 279 to provide information. A very detailed request for information was made by the solicitors for the plaintiff to the solicitors for the defendant on 26 October 2015. The plaintiff says that the information has never been provided, and seeks the information. Eighteen questions were referred to in the Scott Schedule handed up at the hearing, but questions 1 and 17 were not pressed. The application is resisted. The first issue is as to the scope of the obligation on a party under s 279(1) of the Act.
Section 279 provides as follows:
(1) The parties must cooperate in relation to a claim, in particular by—
(a) giving each other copies of relevant documents about—
(i) the circumstances of the event resulting in the injury; and
(ii) the worker's injury; and
(iii) the worker's prospects of rehabilitation; and
(b) giving information reasonably requested by each other party about—
(i) the circumstances of the event resulting in the injury; and
(ii) the nature of the injury and of any impairment or financial loss resulting from the injury; and
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- Case
- [2016] QDC 15
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was to determine the extent of the Council’s obligation to provide information to the plaintiff prior to litigation. Specifically, the Court had to assess whether the requests for information made by the plaintiff were reasonable. The Council argued that some of the information requested was beyond the scope of what was reasonably required and therefore not obligated to be provided. Conversely, the plaintiff maintained that all the information sought was necessary to establish the employer’s liability.
The Court held that the Council had an obligation to provide information that was reasonably requested by the plaintiff in the context of pre-litigation proceedings. The Court found that while some of the information requested was beyond the reasonable scope, other requests were pertinent and necessary. Consequently, the Court ordered the Council to provide certain specified information that was deemed reasonable. The application for additional information beyond what was deemed reasonable was dismissed.
Orders
Orders of the court
Order the defendant to provide certain information in accordance with these reasons. Application otherwise dismissed.
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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