Mancini v Thompson

Case [2002] NSWCA 38


NEW SOUTH WALES COURT OF APPEAL

CITATION:      Mancini v Thompson [2002]  NSWCA 38

FILE NUMBER(S):
40978/00

HEARING DATE(S):               20 November 2001

JUDGMENT DATE: 02/05/2002

PARTIES:
Peter Mancini (Appellant)
Eric Thompson (Respondent)

JUDGMENT OF:       Beazley JA Stein JA Rolfe AJA   

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S):          DC 125/99, DC 3807/99

LOWER COURT JUDICIAL OFFICER:     Phegan DCJ; Sorby DCJ

COUNSEL:
Appellant - S G Campbell
Respondent - W P Kearns SC/R Hanlon

SOLICITORS:
Appellant - Thomas Laycock 
Respondent - Smythe & Mallam 

CATCHWORDS:
MOTOR ACCIDENTS - Late claim - application for dismissal of proceedings - Motor Accidents Act 1988 s 43A(7) - whether claimant had a "full" explanation for delay - prejudice not a relevant matter to consider in determining application for dismissal
WORKERS COMPENSATION - alternative rights and election between different remedies - Workers Compensation Act 1987 s151Z(1) - rule against double compensation - worker injured at work as a result of outsider's negligence - worker later aggravates injury at work - worker sues outsider for damages, including damages resulting from aggravation - whether workers' compensation entitlements should have been deducted from damages
DAMAGES - personal injuries - avoiding double compensation - offsetting of workers' compensation payments - Workers Compensation Act 1987 s151Z(1) - worker injured at work as a result of outsider's negligence - worker later aggravates injury at work - worker sues outsider for damages, including damages resulting from aggravation - whether workers' compensation entitlements should have been deducted from damages

LEGISLATION CITED:
Motor Accidents Act 1988, s40(2), s 43(A)
Workers Compensation Act 1987, s 151Z(1)
Supreme Court Rules, Pt 51 r 23

DECISION:
Both appeals dismissed with costs

JUDGMENT:

IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

CA         40978/00
DC         125/99
DC         3807/99

BEAZLEY JA
STEIN JA
ROLFE AJA

Thursday, 2 May 2002

PETER MANCINI v ERIC THOMPSON

FACTS

In 1996 the respondent was involved in two incidents at work.  In May, as a result of the appellant’s negligence, he was struck by an object being lowered by a crane.  His neck and shoulders were injured, but he continued to work.  This was a “motor accident” for the purposes of the Motor Accidents Act 1988 (NSW). In December, he jumped from the tray of a lorry and experienced neck pain. He then stopped working. After returning to work for a brief period, he stopped working altogether. He was diagnosed as having a posterior bulge of the C5/6 disc and had surgery. The accepted medical evidence was that his disabilities resulted from a disc prolapse, which occurred in the May accident and that the December incident was but a continuation of the same injury.

In 1997 the respondent lodged a late claim against the appellant under the Motor Accidents Act, and in 1999 he commenced proceedings in the District Court against the appellant, alleging negligence in respect of the May incident, and claiming damages, including damages flowing from the exacerbation of his injury sustained in the December incident. The appellant applied to…

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AGLC
Mancini v Thompson [2002] NSWCA 38
Case
[2002] NSWCA 38
Decision Date

CaseChat Overview and Summary

The case of *Mancini v Thompson* concerned appeals arising from decisions made by Judge Sorby. The primary dispute involved a claimant's late claim under the *Motor Accidents Act 1988* and the issue of whether workers' compensation entitlements should be deducted from damages awarded in a personal injury claim.

The court was required to determine two key legal issues. Firstly, whether the claimant had a "full" explanation for the delay in lodging their motor accident claim, as contemplated by section 43A(7) of the *Motor Accidents Act 1988*. Secondly, the court had to consider the application of section 151Z(1) of the *Workers Compensation Act 1987*, specifically whether workers' compensation entitlements should be deducted from damages awarded to a worker who suffered an initial injury at work due to an outsider's negligence and subsequently aggravated that injury at work, before suing the outsider for damages.

Regarding the *Motor Accidents Act 1988*, the court reiterated that when determining applications for dismissal of proceedings due to late claims, judges are not required to consider matters of prejudice. The focus is solely on whether the claimant has provided a "full" explanation for the delay. In relation to the *Workers Compensation Act 1987*, the court's reasoning, as indicated by the agreement with Beazley JA, suggests that the rule against double compensation and the deduction of workers' compensation entitlements from damages were applied in accordance with the statutory provisions.

Both appeals were dismissed with costs.

Orders

Orders of the court

Both appeals dismissed with costs

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

Accordingly, the appeal from his Honour’s decision should be dismissed with costs. However, for emphasis, I would repeat that Judges, called upon to determine questions under these sections of the Act, are not required to consider matters of prejudice.The Decision of Judge Sorby I agree with Beazley JA.

Ratio Decidendi

Legal Principle Established

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