Court of Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Inghams Enterprises Pty Ltd v Thoroughgood [2014] NSWCA 166 Hearing dates: 17 March 2014 Decision date: 30 May 2014 Before: McColl JA at [1];
Basten JA at [2];
Meagher JA at [54]Decision: (1) Leave to appeal refused.
(2) The applicant to pay the respondent's costs in this Court.
[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
Catchwords: WORKERS' COMPENSATION - leave to appeal - appeal from Deputy President limited to decisions in point of law - decision of Deputy President on appeal from interlocutory decision of arbitrator - decision of Deputy President interlocutory -leave required - Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 353
WORKERS' COMPENSATION - claim for compensation -- medical practitioner recommended footwear to protect worker's varicose veins - worker requested proper footwear from employer - whether request for "therapeutic treatment given by direction of a medical practitioner" constitutes claim for compensation - whether cost need be incurred for a claim to be made - failure to make claim in accordance with applicable guidelines - Workers Compensation Act 1987 (NSW), ss 59, 60
WORKERS' COMPENSATION - proceedings to obtain compensation - concession that claimant needed to establish relevant incapacity for claim - Deputy President held that concession was mistaken - whether Deputy President erred in permitting claimant to depart from concession - Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 354(3)
WORKERS' COMPENSATION - time of injury - injury occurs at time of incapacity - whether meaning of incapacity restricted to when an entitlement to weekly compensation arises - Workers Compensation Act 1987 (NSW), s 16(1)(a)(i)
WORDS AND PHRASES - "claim for compensation" - Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 261 - "incapacity" - Workers Compensation Act 1987 (NSW), s 16(1)(a)(i)Legislation Cited: Workers Compensation Act 1987 (NSW), ss 4, 9A, 15, 16, 34, 59, 60, 66
Workers' Compensation Act 1926 (NSW), s 11
Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 254, 255, 260, 261, 267, 269, 353, 354; Ch 7, Pt 2, Divs 1, 2Cases Cited: Alto Ford Pty Ltd v Antaw [1999] NSWCA 234; 18 NSWCCR 246
Arnotts Snack Products Pty Ltd v Yacob [1985] HCA 2; 155 CLR 171
GIO Workers Compensation (NSW) Ltd v GIO General Ltd (1995) 12 NSWCCR 187
P & O Berkeley Challenge Pty Ltd v Alfonzo [2000] NSWCA 214; 49 NSWLR 481
Qantas Airways Ltd v Gubbins (1992) 28 NSWLR 26
Stone v Stannard Brothers Launch Services Pty Ltd [2004] NSWCA 277; 1 DDCR 701Category: Principal judgment Parties:
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- Case
- [2014] NSWCA 166
- Decision Date
CaseChat Overview and Summary
The Court of Appeal was required to determine whether leave to appeal should be granted from the Deputy President's decision, which was itself an appeal from an interlocutory decision of an arbitrator. Specifically, the court considered whether the Deputy President's decision was interlocutory, thus requiring leave to appeal under section 353 of the *Workplace Injury Management and Workers Compensation Act 1998* (NSW). Further issues included whether a request for therapeutic footwear constituted a "claim for compensation" under section 261 of the *Workplace Injury Management and Workers Compensation Act 1998* (NSW) and sections 59 and 60 of the *Workers Compensation Act 1987* (NSW), and whether the Deputy President erred in permitting Mr. Thoroughgood to resile from his concession regarding the necessity of establishing incapacity for a claim. The court also considered the meaning of "incapacity" for the purposes of section 16(1)(a)(i) of the *Workers Compensation Act 1987* (NSW).
The Court of Appeal reasoned that the Deputy President's decision was interlocutory because it did not finally determine the rights of the parties. Consequently, leave to appeal was required under section 353 of the *Workplace Injury Management and Workers Compensation Act 1998* (NSW). The court found that the Deputy President had not erred in permitting Mr. Thoroughgood to depart from his concession, as the concession was based on a mistaken understanding of the law. The court also considered the definition of a "claim for compensation" and the meaning of "incapacity" in the context of the relevant legislation.
Leave to appeal was refused, and Inghams Enterprises Pty Ltd was ordered to pay the respondent's costs.
Orders
Orders of the court
(1) Leave to appeal refused.
(2) The applicant to pay the respondent's costs in this Court.
[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
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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