SUPREME COURT OF QUEENSLAND
CITATION:
Hintz v WorkCover Queensland & Anor [2007] QCA 72
PARTIES:
JASON LUKE HINTZ
(applicant/appellant)
v
WORKCOVER QUEENSLAND
(respondent)
ERGON ENERGY ACN 087 464 062
(respondent/not party to appeal)FILE NO/S:
Appeal No 6032 of 2006
SC No 2633 of 2002DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
16 March 2007
DELIVERED AT:
Brisbane
HEARING DATE:
27 February 2007
JUDGES:
Williams and Keane JJA and Helman J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
1. Appeal dismissed
2. Appellant to pay respondent's costs of and incidental to the appeal
CATCHWORDS:
LIMITATION OF ACTIONS - POSTPONEMENT OF THE BAR - EXTENSION OF PERIOD - CAUSES OF ACTION IN RESPECT OF PERSONAL INJURIES - KNOWLEDGE OF MATERIAL FACTS - MATERIAL FACTS OF DECISIVE CHARACTER - where appellant allegedly suffered physical and psychological injury at work - where appellant commenced action for damages outside limitation period - whether appellant could have commenced action prior to receiving damages certificate from WorkCover in respect of psychological injury - whether appellant should be granted an extension of time
Limitation of Actions Act 1974 (Qld), s 31(2), s 30(1)(b)
WorkCover Queensland Act 1996 (Qld), s 253, s 261, s 262,
s 264, s 265Charlton v WorkCover Qld & Ors [2006] QCA 498, Appeal No 5834 of 2006, 1 December 2006, discussed
Moriarty v Sunbeam Corporation Ltd [1988] 2 Qd R 325, cited
State of Queensland v Stephenson (2006) 80 ALJR 923, distinguishedSugden v Crawford [1989] 1 Qd R 683, cited
COUNSEL:
T Matthews, with P B de Plater, for the appellant
D McMeekin SC, with M T O'Sullivan, for the respondentSOLICITORS:
Watling Roche Lawyers Australia for the appellant
MacDonnells Law for the respondent
WILLIAMS JA: On 17 January 2001 the appellant lodged an application for workers' compensation for a lower back injury said to have been sustained in the course of his employment on 31 March 1999. Prior to that, on 28 August 2000, he had lodged an application for workers' compensation alleging that he had suffered an injury in the nature of "stress" which had been incurred over a period of time in the course of his employment. WorkCover rejected the application for compensation for the lower back injury and throughout 2001 and 2002 the appellant pursued appeals consequent upon that rejection. But on 19 November 2001 WorkCover accepted the claim for "stress" incurred over a period of time and issued a certificate on that date stating that the degree of permanent impairment attributable to that injury was 5%; it was also stated to be a non-certificate injury. A lump sum offer of compensation for that "stress" was made at that time.
The appellant's appeals against the rejection of his application for compensation for a lower back injury sustained on 31 March 1999 were ultimately successful. An Industrial Magistrates Court decision on 18 September 2002 concluded that…
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- AGLC
- Hintz v WorkCover Queensland [2007] QCA 72
- Case
- [2007] QCA 72
- Decision Date
CaseChat Overview and Summary
The court examined whether the appellant had knowledge of material facts that would have allowed him to commence the action before receiving the damages certificate. It distinguished State of Queensland v Stephenson and cited Sugden v Crawford and Moriarty v Sunbeam Corporation Ltd, among others. The court concluded that the appellant did not have knowledge of the material facts of decisive character until he received the damages certificate, and therefore, the limitation period should not have been extended. The court also discussed Charlton v WorkCover Qld & Ors, noting the importance of the appellant having actual knowledge of the material facts at the relevant time.
The Queensland Court of Appeal dismissed the appellant's appeal, holding that the trial judge was correct in not extending the limitation period. The appellant was ordered to pay the respondent's costs of and incidental to the appeal. This decision underscores the importance of having actual knowledge of material facts before the limitation period commences, and the difficulty of obtaining an extension in such circumstances.
Orders
Orders of the court
1. Appeal dismissed
2. Appellant to pay respondent's costs of and incidental to the appeal
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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