SUPREME COURT OF QUEENSLAND
CITATION: Neuss v Roche Bros P/L [2000] QCA 130 PARTIES: PAUL JOSEPH NEUSS
(plaintiff/respondent)
v
FILE NO/S:
ROCHE BROS PTY LTD ACN 004 142 223
(defendant/applicant)Appeal No 9447 of 1999
DC No 2133 of 1998DIVISION: Court of Appeal PROCEEDING: Application for leave s 118 DCA (Civil) – Further Order ORIGINATING COURT: District Court at Brisbane
DELIVERED ON: Judgment delivered 14 April 2000
Further Order delivered 13 June 2000DELIVERED AT: Brisbane HEARING DATE: 4 February 2000 JUDGES: de Jersey CJ, Pincus JA and Byrne J
Separate reasons for further order of each member of the Court, each concurring as to the orders madeFURTHER ORDER: Application for leave to appeal dismissed with costs to be assessed. CATCHWORDS: WORKERS’ COMPENSATION – ALTERNATIVE RIGHTS AGAINST EMPLOYER FOR DAMAGES AT COMMON LAW OR BY STATUTE – RIGHT TO PROCEED FOR DAMAGES – where plaintiff required to apply in “approved form” for certificate before instituting common law proceedings – where plaintiff failed to apply for certificate – whether “approved form” existed – effect of failure to approve a form
Acts Interpretation Act 1954, s 14A
WorkCover Queensland Act 1996, s 551, s 558Workers’ Compensation Act 1990, s 30, s 31, s 130, s 130A, s 132, s 182D, s 206A
Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147, referred to
Brakespeare v The Northern Assurance Co Ltd (1959) 101 CLR 661, applied
R v Dunphy; ex parte Maynes (1978) 139 CLR 482, referred to
COUNSEL: P A Keane QC, with R C Morton for the applicant
R J Douglas SC, with P G Bickford for the respondentSOLICITORS: Bain Gasteen for the applicant
Sciacca’s Lawyers & Consultants for the respondent
de JERSEY CJ: The framework for the scheme envisaged by s182D of the Workers’ Compensation Act 1990 had not been fully established by the time the respondent commenced his action on 20 June 1997, in that for the reasons expressed by Pincus JA, the necessary “approved form” of application, to the Board, by a prospective claimant of “damages at law”, did not exist. I agree with His Honour’s further conclusions that the applicant consequently may not rely on the respondent’s “failure” to obtain a certificate under s182D(1), leaving the respondent free to commence his action. I agree that the application for leave to appeal should be dismissed, with costs to be assessed.
PINCUS JA: The Court delivered a preliminary judgment in this application on 14 April 2000. As contemplated by the orders then made, affidavits and submissions have been filed relating to the question of the approved form referred to in s 182D(2) of the Workers' Compensation Act 1990 ("the Act"). It has emerged from the additional material that the applicant's contention is that at the relevant date (20 June 1997, when the suit was commenced) there was an approved form for the purposes of s 182D, the approval having been effected by a memorandum of 7 February 1997. The respondent denies…
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- AGLC
- Neuss v Roche Bros Pty Ltd [2000] QCA 130
- Case
- [2000] QCA 130
- Decision Date
CaseChat Overview and Summary
The court had to determine the legal requirements and procedures applicable to Mr Neuss's claim for damages. Specifically, it needed to assess whether the statutory requirement for an approved form was mandatory and whether the absence of such a form rendered any application futile. The court also considered the implications of Mr Neuss's failure to apply for a certificate on his right to pursue common law proceedings. This involved interpreting the relevant legislative provisions and understanding the interplay between workers’ compensation laws and common law rights.
The court ruled that the statutory requirement for an approved form was not mandatory and that the absence of such a form did not invalidate any application. It found that Mr Neuss’s failure to apply for a certificate did not prevent him from proceeding with his common law claim. The court interpreted the statutory provisions to mean that while an approved form was preferable, its absence did not preclude an applicant from seeking a certificate. This interpretation was based on the legislative intent to provide a practical and accessible pathway for employees seeking to exercise their common law rights. Consequently, Mr Neuss was permitted to proceed with his claim for damages.
The final orders of the court allowed Mr Neuss to continue with his common law proceedings against Roche Bros Pty Ltd. The court emphasised that the absence of an approved form did not bar his right to seek a certificate and, by extension, his right to pursue damages. This decision clarified the procedural requirements for employees seeking to bypass the statutory workers’ compensation scheme in favour of common law remedies.
Orders
Orders of the court
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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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