Kimberly-Clark Australia Pty Ltd v Thompson

Kimberly-Clark Australia Pty Ltd (the appellant) sought leave to appeal a decision of the District Court of New South Wales concerning a claim for damages. The respondent, Ms. Thompson, was the widow of a worker employed by the appellant who had died in the course of his employment. Ms. Thompson claimed damages for nervous shock suffered as a result of her husband's death.

The central legal issues before the Court of Appeal were whether the damages claimed by Ms. Thompson constituted "work injury damages" as defined by the *Workplace Injury Management and Workers Compensation Act 1988* (NSW), and consequently, whether compliance with the procedural requirements of Chapter 7 of that Act was necessary for her claim to proceed. Specifically, the court had to determine if the extended definition of "worker" under the Act encompassed a spouse suffering nervous shock due to a worker's death in the course of employment, and if such a claim fell within the ambit of "work injury damages".

The Court of Appeal, comprising Ipp JA, Bryson JA, and Basten JA, considered the relevant provisions of the *Workplace Injury Management and Workers Compensation Act 1988* (NSW). The court reasoned that the definition of "work injury damages" in section 151Z(1) of the Act referred to damages for a "work injury", which was defined to include injury arising out of or in the course of employment. The court found that the nervous shock suffered by Ms. Thompson was an injury that arose out of or in the course of her husband's employment. Therefore, her claim for damages for nervous shock was a claim for "work injury damages" and was subject to the requirements of Chapter 7 of the Act.

The Court of Appeal granted leave to appeal but ultimately dismissed the appeal, ordering the appellant to pay the respondent's costs.