New South Wales v Kennelly

The Supreme Court of New South Wales considered the dispute between the State of New South Wales and Mr. Kennelly. Mr. Kennelly, an employee of the Crown, suffered injury during his employment and sought to pursue a claim for damages against the State as occupier of the premises where the injury occurred, in addition to his entitlement to workers' compensation. The core of the dispute revolved around whether Mr. Kennelly's right to pursue common law damages against the Crown as occupier was precluded by the provisions of the *Workers Compensation Act 1987* (NSW).

The Court was required to determine whether an employee of the Crown, who is also a worker within the meaning of the *Workers Compensation Act 1987*, could exercise alternate rights against the Crown in its capacity as an occupier for injuries sustained in the course of employment. Specifically, the Court had to consider the interplay between the statutory scheme for workers' compensation and the common law right to sue for negligence, particularly when the employer and the occupier were the same entity, the Crown.

The Court reasoned that the *Workers Compensation Act 1987* provided a statutory scheme for compensation for injured workers, but it did not extinguish all other rights of action. The legislation was interpreted to allow an employee to pursue common law damages against an employer in its capacity as occupier, provided the conditions for such a claim were met. The Court found that the Crown, in its role as occupier, owed a duty of care to Mr. Kennelly, and that this duty was distinct from its obligations as an employer under the workers' compensation legislation. The appeal was allowed with costs.