APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR
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| CITATION: | Stephen Albert Ingram v Norco Co-operative Limited [2003] NSWWCCPD 1 |
| APPELLANT: | Stephen Albert Ingram (Applicant) |
| RESPONDENT: | Norco Co-operative Limited (Respondent) |
| INSURER: | QBE Workers Compensation (NSW) Limited |
| FILE NO: | WCC505–2002 |
| DATE OF DECISION: | 4 September, 2002 |
| PRESIDENTIAL MEMBER: | Deputy President Gary Byron |
| DECISION UNDER APPEAL: | Award for the Respondent |
| DATE OF DECISION UNDER APPEAL: | 14 January, 2003 |
| HEARING: | Appeal determined on the papers |
| REPRESENTATION: | Appellant: Somerville Laundry Lomax, Lismore |
| Respondent: Mulcahy Lawyers, Lennox Head | |
| ORDERS MADE ON APPEAL: | The Appeal is not allowed. The decision appealed against is confirmed. No order is made as to costs. |
THE APPEAL
On 18 June, 2002, the Applicant, Stephen Albert Ingram (“the Appellant”) lodged with the Workers Compensation Commission (“the Commission”) an Application to resolve a dispute. The Appellant claimed to have sustained an injury to his foot on 22 May, 2001 when his foot was run over by a forklift while he was present at his place of employment at a time when he was on approved recreation leave. The basis of his claim is that he suffered non-economic loss as a result of the injury that arose out of and in the course of his employment with the Norco Co-operative Limited (“the Respondent”). The insurer is QBE Workers Compensation (NSW) Limited (“the Insurer”).
The Appellant notifed the Respondent of the injury and a Compulsory Third Party Claim was made to NRMA Insurance. The claim was accepted by NRMA and Mr. Ingram was reimbursed lost wages.
Mr. Ingram lodged a claim with the Insurer in this matter on 15 February, 2002 in the sum of $5,600 for compensation for non-economic loss. A claim for medical expenses was also lodged but that claim was not quantified. The Respondent disputed liability pursuant to section 281 of the Workplace Injury Management and Workers Compensation Act 1998 (“the Act”).
The Act provides at section 354(6) that if the Commission is satisfied that sufficient information has been supplied to it in connection with proceedings, it may exercise functions under the Act without holding any conference or formal hearing. The parties agreed that the Commission, constituted by the Arbitrator, should proceed to determine the dispute without a conference or formal hearing, that is, “on the papers”. Accordingly, the Arbitrator having satisfied himself in accordance with the section and being satisfied “that the parties to the dispute understand the nature of the application and the legal implications of any assertion made in the information supplied”, proceeded to determine the dispute “on the papers”. On 4 September, 2002 the Arbitrator found that the Appellant did not receive an injury on 22 May, 2001, arising out of or in the course of his employment with the Respondent, and further that the Appellant’s employment was not a substantial contributing factor to his injury. Accordingly, an award was made in favour of the Respondent.
The Appellant lodged an Application for Leave to Appeal against the Arbitrator’s decision on 20 September, 2002…
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- Case
- [2003] NSWWCCPD 1
- Decision Date
CaseChat Overview and Summary
The court was required to decide several key legal issues. Firstly, whether Norco had breached the contract by underpaying for milk supplied. Secondly, whether Norco's conduct constituted deceit. Thirdly, if the plaintiff had suffered damages as a result of these breaches and deceit. The court also needed to consider the application of the principles of good faith and fair dealing in the context of commercial contracts.
In delivering its judgment, the court held that Norco had breached the contract by underpaying for milk supplied, but found that the plaintiff had not suffered any damages as a result. The court held that the contract did not impose a duty of good faith or fair dealing on the parties. The court also found that Norco's conduct did not constitute deceit as the plaintiff had not acted to his detriment due to the alleged deceit. Consequently, the appeal was dismissed, and the decision appealed against was confirmed. No order was made as to costs.
Orders
Orders of the court
The Appeal is not allowed. The decision appealed against is confirmed. No order is made as to costs.
Background
Background to the litigation
Full text does not contain this section.
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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