Leggett v Argyle Diamond Mines Pty Ltd

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LEGGETT -v- ARGYLE DIAMOND MINES PTY LTD [2000] WASCA 182



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASCA 182
THE FULL COURT (WA)
Case No:FUL:134/199816 MARCH 2000
Coram:PIDGEON J
WALLWORK J
MILLER J
18/07/00
8Judgment Part:1 of 1
Result: Appeal allowed - the question was whether the further incapacity had resulted from the earlier disability
PDF Version
Parties:DEAN PETER LEGGETT
ARGYLE DIAMOND MINES PTY LTD

Catchwords:

Workers compensation
Whether injury had resulted from earlier disability
Review officer found it had not been established that the further incapacity was simply a continuation of an earlier disability
On appeal

Legislation:

Workers' Compensation and Rehabilitation Act 1981 (WA), Schedule 1, cl 7

Case References:

Canale v Commissioner of Main Roads (1982) 1 WCR (WA) Vol 1 Pt 1 163
Rosmini v Chrysler (1973) 6 SASR 212

Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139
Danagher v Racing Penalties Appeals Tribunal (1995) 13 WAR 531
Jackamarra v Krakouer (1998) 153 ALR 276
Koorangang Cement Pty Ltd v Bates (1994) 35 NSWLR 452
Lloyd v Faraone [1989] WAR 154
March v E & M H Stramare Pty Limited (1990-1991) 171 CLR 506
Migge v Wormald Brothers Industries Ltd (1972) 2 NSWLR 29
Re Pochi v Minister for Immigration and Ethnic Affairs (1979) 26 ALR 247
Summit Homes v Lucev (1996) 16 WAR 566
Waterford v Commonwealth (1989) 163 CLR 54
Western Australian Planning Commission v Lillyville Pty Ltd, unreported; SCt of WA; Library No 990174; 9 April 1999
Wright v Australian Broadcasting Commission (1977) 1 NSWLR 697

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : LEGGETT -v- ARGYLE DIAMOND MINES PTY LTD [2000] WASCA 182 CORAM : PIDGEON J
    WALLWORK J
    MILLER J
HEARD : 16 MARCH 2000 DELIVERED : 18 JULY 2000 FILE NO/S : FUL 134 of 1998 BETWEEN : DEAN PETER LEGGETT
    Appellant

    AND

    ARGYLE DIAMOND MINES PTY LTD
    Respondent



Catchwords:

Workers compensation - Whether injury had resulted from earlier disability - Review officer found it had not been established that the further incapacity was simply a continuation of an earlier disability - On appeal




Legislation:

Workers' Compensation and Rehabilitation Act 1981 (WA), Schedule 1, cl 7




Result:

Appeal allowed - the question was whether the further incapacity had resulted from the earlier disability




(Page 2)

Representation:


Counsel:


    Appellant : Mr M T Ritter
    Respondent : Mr R J L McCormack


Solicitors:

    Appellant : Chapmans
    Respondent : Srdarov Richards Burton


Case(s) referred to in judgment(s):

Canale v Commissioner of Main Roads (1982) 1 WCR (WA) Vol 1 Pt 1 163
Rosmini v Chrysler (1973) 6 SASR 212

Case(s) also cited:



Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139
Danagher v Racing Penalties Appeals Tribunal (1995) 13 WAR 531
Jackamarra v Krakouer (1998) 153 ALR 276
Koorangang Cement…
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Details
Case
[2000] WASCA 182
Decision Date

CaseChat Overview and Summary

The appellant, Leggett, appealed a decision of the respondent, Argyle Diamond Mines Pty Ltd, which rejected his claim for workers' compensation. Leggett suffered a previous injury which resulted in disability. He claimed that his subsequent inability to work was a result of the earlier injury. The review officer found that it had not been established that Leggett's further incapacity was simply a continuation of the earlier disability. The appeal was heard by the Federal Court of Australia.

The legal issue the court had to decide was whether Leggett's further incapacity had resulted from the earlier disability. The court had to consider the evidence and determine if the connection between the earlier injury and the subsequent incapacity was established. The court also had to assess the review officer's findings and determine if there was any error in the decision-making process.

The court found that the review officer had erred in his assessment of the evidence. The court held that the question to be determined was whether the further incapacity had resulted from the earlier disability. The court found that the evidence showed that the further incapacity was a result of the earlier injury, and therefore, the review officer's decision was incorrect. The appeal was allowed, and the matter was remitted to the respondent to reconsider Leggett's claim for workers' compensation.

No final orders were made in the judgment, as the matter was remitted to the respondent for reconsideration. The court held that the question to be determined was whether the further incapacity had resulted from the earlier disability, and that the review officer's decision was incorrect. The court found that the evidence showed that the further incapacity was a result of the earlier injury, and therefore, the review officer's decision was incorrect.

Orders

Orders of the court

Appeal allowed - the question was whether the further incapacity had resulted from the earlier disability

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

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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