Natalie Elizabeth Waters v Commonwealth of Australia (Australian Taxation Office)
[2013] HCASL 172
NATALIE ELIZABETH WATERS
v
COMMONWEALTH OF AUSTRALIA (AUSTRALIAN TAXATION OFFICE)
[2013] HCASL 172
S33/2013
The applicant commenced proceedings in the Supreme Court of New South Wales against the Commonwealth seeking damages for psychiatric injury she alleged had occurred in the course of her employment in the Australian Taxation Office.
The Commonwealth sought orders dismissing the applicant's claims, alleging that her claims were barred by operation of ss 44 and 45 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) ("the Act"), and, further, that her pleading disclosed no arguable cause of action. The Commonwealth alleged that the claim was barred because the applicant had elected not to pursue any common law remedy by accepting statutory compensation.
The primary judge (Barr AJ) concluded that the applicant's claim was barred by operation of those provisions of the Act on which the Commonwealth relied and further held that the applicant's pleading was irremediably deficient.
The applicant sought leave to appeal to the Court of Appeal of the Supreme Court of New South Wales. That Court (McColl and Basten JJA) dismissed the application, holding that the applicant's claim was barred by the Act.
The applicant alleges that the Court of Appeal should not have decided whether she was barred from pursuing her claim against the Commonwealth but should have decided only whether she should have leave to appeal.
We see no reason to doubt that it was open to the Court of Appeal to determine the question of bar and we see no reason to doubt the conclusion which the Court of Appeal reached on that question. An appeal to this Court would, therefore, enjoy insufficient prospects of success to warrant a grant of special leave.
Pursuant to r 41.11.1 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.
K.M. Hayne
9 October 2013S.M. Crennan
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