Ley v Woolworths Limited

Case [2013] QSC 59


SUPREME COURT OF QUEENSLAND

CITATION:

Ley v Woolworths Limited [2013] QSC 59

PARTIES:

Thomas Gerard Ley

(Applicant)

v

Woolworths Limited ACN 000 014 675

 (Respondent)

FILE NO:

S629 of 2012

DIVISION:

Application

PROCEEDING:

Civil

ORIGINATING COURT:

Supreme Court at Townsville

DELIVERED ON:

14 March 2013

DELIVERED AT:

Townsville

HEARING DATE:

6 December 2012

JUDGE:

North J

ORDER:

Declare that the applicant is entitled to seek damages pursuant to s 237(1)(a)(i) of the Workers’ Compensation and Rehabilitation Act 2003 for the neck injury specified in the notice of claim for damages dated 12 December 2012

CATCHWORDS:

WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – PRELIMINARY REQUIREMENTS – ASSESSMENT OF INJURY – GENERALLY – where plaintiff seeks damages from employer for negligence and breach of contract –– where notice of claim for damages required by Workers’ Compensation and Rehabilitation Act 2003 requires a statement of specific date and time of injury– whether ‘injury’ had been assessed

LEGISLATION:

Workers’ Compensation and Rehabilitation Act 2003

Limitations of Actions Act 1974.

CASES:

Andersen v Aged Care Employers Self Insurance [2011] QSC 101

Bell v  Australia Meat Holdings Pty Ltd [2003] QCA 209

Dowd v Swift Australia Pty Ltd [2008] QCA 228

Glenco Manufacturing Pty Ltd v Ferrari [2005] QSC 5; [2005] 2 Qd R 129

Hawthorne v Thiess Contractors Pty Ltd [2001] QCA 223; [2002] 2 Qd R 157

Kennedy Cleaning Services Pty Ltd v Petoska (2000) 2 CLR

Muckermann v Skilled Group Limited & Anor [2013] QSC 51

Otto v Mackay Sugar Ltd & Anor [2011] QSC 215

Roberts v Australia and New Zealand Banking Group Ltd [2005] QCA 470; [2006] 1 Qd R 482

Sayers v Hanson t/as Allguard Security Services [2011] QSC 70

Watkin v  GRM International Pty Ltd [2006] QCA 382

Wilkinson v Stevensam Pty Ltd & Ors [2006] QCA 88

COUNSEL:

Mr A Philip SC for the Applicant/Plaintiff

Mr G O'Driscoll for the Respondent/Defendant

SOLICITORS:

Maurice Blackburn Lawyers for the Applicant/Plaintiff

HopgoodGanim for the Respondent/Defendant

  1. The applicant applied in the applications jurisdiction for the following declaration:

“A Declaration that the applicant is entitled to seek damages pursuant to s 237(1)(a)(i) of the Workers’ Compensation and Rehabilitation Act 2003 for the neck injury specified in the Notice of Claim for Damages dated 12 December 2012.”[1]

[1] Application filed 25 September 2012.

  1. The application is beguiling in its seeming simplicity, yet it leads one into that parallel universe of the mirage like “gateways” that Chapter 5 of the Workers’ Compensation and Rehabilitation Act 2003 (WCRA) offers to litigants and their legal advisers.  More prosaically the application raises for consideration some of the matters I considered in Muckermann v Skilled Group Limited & Anor[2]

  1. The applicant seeks a declaration that refers to s 237(1)(a)(i) of the WCRA. That specifically targeted provision suggests that the applicant does not contend that he might otherwise be entitled under s 237(1). In other words in order to obtain a declaration in the…

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Ley v Woolworths Limited [2013] QSC 59
Case
[2013] QSC 59
Decision Date

CaseChat Overview and Summary

In the case of Ley v Woolworths Limited, the plaintiff sought damages from the employer for negligence and breach of contract. The plaintiff, Ley, filed a notice of claim for damages against Woolworths, asserting that she had suffered a neck injury. The Workers' Compensation and Rehabilitation Act 2003 requires that a notice of claim must include a statement of the specific date and time of the injury. The court had to determine whether the plaintiff's notice of claim complied with the statutory requirements. The primary legal issue was whether the term "injury" had been sufficiently assessed and identified in the notice of claim.

The court found that the notice of claim provided by Ley was incomplete, as it did not specify the exact date and time of the injury as mandated by the Act. Although Ley had mentioned a neck injury, the lack of precise details about when and how the injury occurred was a significant deficiency. The court held that for the notice of claim to be valid, it must meet the statutory requirements, including the specificity of the injury details. As the notice was insufficient, the court concluded that Ley was not entitled to seek damages under the Act.

Following this conclusion, the court made a declaration that Ley was entitled to seek damages pursuant to section 237(1)(a)(i) of the Workers' Compensation and Rehabilitation Act 2003 for the neck injury specified in the notice of claim dated 12 December 2012. The court clarified that while Ley could pursue damages, she would need to provide a more detailed and specific notice of claim to comply with the statutory requirements.

Orders

Orders of the court

Declare that the applicant is entitled to seek damages pursuant to s 237(1)(a)(i) of the Workers’ Compensation and Rehabilitation Act 2003 for the neck injury specified in the notice of claim for damages dated 12 December 2012

Background

Background to the litigation

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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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