Kuczborski v The State of Queensland

The Queensland Court of Appeal considered an appeal by Mr Kuczborski against the State of Queensland concerning the interpretation and application of the *Civil Liability Act 2003* (Qld) and the *Workers' Compensation and Rehabilitation Act 2003* (Qld). The dispute arose from a claim for damages for personal injury sustained by Mr Kuczborski during his employment.

The central legal issue before the Court was whether Mr Kuczborski's claim for damages was barred by the provisions of the *Civil Liability Act 2003* (Qld), specifically in relation to the assessment of damages for personal injury where a workers' compensation claim had also been made. The Court was required to determine the interplay between the two legislative regimes and the extent to which the *Civil Liability Act* limited the damages recoverable in such circumstances.

The Court, led by Hayne ACJ, reasoned that the *Civil Liability Act* did not operate to reduce the damages recoverable by Mr Kuczborski in the manner contended by the State. The Court analysed the relevant provisions of both Acts and concluded that the statutory scheme did not intend to extinguish or diminish common law damages for personal injury simply because a workers' compensation claim had been made and paid. The principles applied focused on the legislative intent behind each Act and the established right to pursue common law damages for negligence.

The appeal was allowed, and the orders of the lower court were set aside.