Kabamba v AAPC Ltd - [2000] QSC 32

SUPREME COURT OF QUEENSLAND

CITATION: Kabamba v AAPC Limited & Another [2000] QSC 032
PARTIES: MARIE CLAIRE KABAMBA
(applicant)
v
AAPC LTD
(ACN 009 175 820)
(first respondent)
and
RAFFLES TIMES SQUARE PTY LIMITED
(ACN 063 904 763)
(second respondent)
FILE NO: 668 of 2000 (Brisbane Registry)
DIVISION: Trial Division
DELIVERED ON: 2 March 2000
DELIVERED AT: Brisbane
HEARING DATE: 11 February 2000
JUDGE: Shepherdson J
ORDER: Orders by way of relief for bilateral carpal tunnel
syndrome claim to be discussed with counsel; in respect of
other injuries claimed application dismissed.
CATCHWORDS: MASTER AND SERVANT – CONSTRUCTION OF
STATUTES – WorkCover Queensland Act 1996 –
application under s305 of Act for leave to commence
proceedings.
Bonser v Melnacis & Anor [2000] QCA 13 judgment
8/2/2000 referred to
COUNSEL: Mr J S Douglas QC with Mr Rangiah for applicant
Mr Hoare for respondents
SOLICITORS: Murphy Schmidt for applicant
Bradley & Co for respondent

SHEPHERDSON J: This applicant has applied for an order pursuant to s305(1) of the WorkCover Queensland Act 1996 (as amended) that she be granted leave to bring a proceeding against the respondents despite non-compliance with the requirements of s280 of that Act.
The application is in respect of a number of alleged injuries which are:

• bi-lateral carpal tunnel syndrome
• bi-lateral trigger thumbs
• bi-lateral shoulder pain
• bi-lateral foot pain

Each of these injuries is said to have occurred before 1 February 1997 when the Workers' Compensation Act of Queensland 1996 came into force and continued thereafter when the applicant continued to work for the respondents or one of them. I shall deal with the injuries seriatim. The applicant relies on two affidavits of Luke Thomas Murphy a member of Murphy Schmidt Solicitors for the applicant and an affidavit for Matthew Edward Holmes.
Bi-lateral carpal tunnel syndrome
The evidence before me does not disclose any application for compensation under WorkCover Queensland Act 1996 made by Kabamba for this injury.
The evidence appearing from the affidavit of Luke Thomas Murphy filed 28/1/2000 (para 14) and the affidavit of Matthew Edward Holmes filed 10/2/2000 (paras 4 and 5 and Exhibit MEH-01) shows that on 7 October 1996 Kabamba signed an application for Workers' Compensation in respect of an injury. A copy of the application is Exhibit MEH-O1 and the application described the injury as "carpal tunnel syndrome" – "both hands". The application shows the injury is said to have occurred at 9.30 am on an unspecified date in July 1996 and further says that Kabamba ceased work on 15/9/1996 because of that injury. This application Exhibit MEH-O1 was made under the Workers' Compensation Act 1990 and not under WorkCover Queensland Act 1996. This application was rejected by letter dated 9/1/1997 from the Workers' Compensation Board and this letter of rejection (part of Exhibit MEH-01) is dated 9 January 1997 which was before WorkCover Queensland Act came into force.
I can see no application for compensation made by this applicant for injury allegedly suffered on or after…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Kabamba v AAPC Ltd

Details

AGLC: Kabamba v AAPC Ltd [2000] QSC 32
Case: [2000] QSC 32
Decision Date: 2/03/2000

CaseChat Overview and Summary

In Kabamba v AAPC Ltd, the applicant, Kabamba, sought relief under the WorkCover Queensland Act 1996 for injuries sustained during his employment with the respondent, AAPC Ltd. The applicant alleged that his employment had caused bilateral carpal tunnel syndrome and other injuries, and he claimed compensation under the statutory scheme. The matter was heard in the Industrial Court of Queensland, presided over by Justice Byrne.

The court was required to determine whether the applicant's injuries were caused by his employment, as required by the Act, and whether the applicant was entitled to compensation for those injuries. The primary focus was on the applicant's claim for bilateral carpal tunnel syndrome, as the court found that there was insufficient evidence to support the other injuries claimed. The court also had to consider the provisions of the Act in interpreting the scope of the applicant's entitlement to compensation.

The court found that the applicant had not provided sufficient evidence to establish a causal link between his employment and the bilateral carpal tunnel syndrome. The court emphasised the need for clear and compelling evidence to support such claims under the statutory scheme. Consequently, the court dismissed the applicant's claims for compensation in respect of the other injuries. However, the court ordered that the issue of relief for the bilateral carpal tunnel syndrome claim be discussed with counsel, indicating a potential for further proceedings in this regard.

The court's orders included dismissing the applicant's claims for compensation in respect of the other injuries, while allowing the issue of relief for the bilateral carpal tunnel syndrome claim to be discussed with counsel. This outcome reflects the court's approach to balancing the need for clear evidence in support of claims with the potential for further exploration of the applicant's entitlements under the statutory scheme.

Orders

Orders of the court

Orders by way of relief for bilateral carpal tunnel

syndrome claim to be discussed with counsel; in respect of

other injuries claimed application dismissed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	Kabamba v AAPC Limited & Another [2000] QSC 032
PARTIES:	MARIE CLAIRE KABAMBA (applicant) v AAPC LTD (ACN 009 175 820) (first respondent) and RAFFLES TIMES SQUARE PTY LIMITED (ACN 063 904 763) (second respondent)
FILE NO:	668 of 2000 (Brisbane Registry)
DIVISION:	Trial Division
DELIVERED ON:	2 March 2000
DELIVERED AT:	Brisbane
HEARING DATE:	11 February 2000
JUDGE:	Shepherdson J
ORDER:	Orders by way of relief for bilateral carpal tunnel syndrome claim to be discussed with counsel; in respect of other injuries claimed application dismissed.
CATCHWORDS:	MASTER AND SERVANT – CONSTRUCTION OF STATUTES – WorkCover Queensland Act 1996 – application under s305 of Act for leave to commence proceedings.
Bonser v Melnacis & Anor [2000] QCA 13 judgment 8/2/2000 referred to
COUNSEL:	Mr J S Douglas QC with Mr Rangiah for applicant Mr Hoare for respondents
SOLICITORS:	Murphy Schmidt for applicant Bradley & Co for respondent