ORANA HOUSE INC -v- STARCEVIC [2005] WASCA 183
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2005] WASCA 183 | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | FUL:100/2004 | 13 JUNE 2005 | |
| Coram: | STEYTLER P WHEELER JA ROBERTS-SMITH JA | 22/09/05 | |
| 14 | Judgment Part: | 1 of 1 | |
| Result: | Appeal dismissed | ||
| A | |||
| PDF Version |
| Parties: | ORANA HOUSE INC SLAVICA STARCEVIC |
Catchwords: | Workers' compensation Entitlement to lump sum compensation under Sch 2 Workers' Compensation and Rehabilitation Act 1981 Whether entitlement exists after worker has registered an election to retain right to damages at common law |
Legislation: | Workers' Compensation and Injury Management Act 1981 (WA), s 18, s 24, s 24B, s 25, s 67, s 68, s 93E(3), s 93E(4), s 93E(8), Sch 1, Sch 2 Workers' Compensation and Injury Management Regulations 1982 (WA), reg 4 Workers' Compensation and Rehabilitation Act 1981 (WA), s 24, s 24B, s 93E(8) Workers' Compensation Act 1912-1975 (WA), s 7(3) |
Case References: | Chalmers v Conaust WA Pty Ltd, unreported; CM-31/01; 8 August 2001 Geraldton Building Co Pty Ltd v May (1976) 136 CLR 379 Geraldton Building Co Pty Ltd v May (1977) 136 CLR 379 New South Wales Associated Blue-Metal Quarries Ltd v Federal Commissioner of Taxation (1956) 94 CLR 509 Abraham v Lee & Sons (1988) 8 WCR (WA) 13 Bird v The Commonwealth (1988) 165 CLR 1 Hatton v Great Boulder Gold Mines Pty Ltd [1981] WAR 349 Hewitt v Benale Pty Ltd; WMC Resources Ltd v Koljibabic (2002) 27 WAR 91 Moyle v Minister for Works [1979] WAR 183 Munro v Department of Fisheries & Wildlife [1978] WAR 1 Wilson v Wilson's Tile Works Pty Ltd (1960) 104 CLR 328 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : ORANA HOUSE INC -v- STARCEVIC [2005] WASCA 183 CORAM : STEYTLER P
- WHEELER JA
ROBERTS-SMITH JA
- Appellant
AND
SLAVICA STARCEVIC
Respondent
ON APPEAL FROM:
Jurisdiction : COMPENSATION MAGISTRATE'S COURT
Coram : MS P M HOGAN CM
File No : CM 195 of 2003
Catchwords:
Workers' compensation - Entitlement to lump sum compensation under Sch 2 Workers' Compensation and Rehabilitation Act 1981 - Whether entitlement exists after worker has registered an election to retain right to damages at common law
(Page 2)
Legislation:
Workers' Compensation and Injury Management Act 1981 (WA), s 18, s 24, s 24B, s 25, s 67, s 68, s 93E(3), s 93E(4), s 93E(8), Sch 1, Sch 2
Workers' Compensation and Injury Management Regulations 1982 (WA), reg 4
Workers' Compensation and Rehabilitation Act 1981 (WA), s 24, s 24B, s 93E(8)
Workers' Compensation Act 1912-1975 (WA), s 7(3)
Result:
Appeal dismissed
Category: A
Representation:
Counsel:
Appellant : Mr P E Jarman
Respondent : Mr S Melville
Solicitors:
Appellant : Jarman McKenna
Respondent : Chapmans
(Page 3)
Case(s) referred to in judgment(s):
Chalmers v Conaust WA…
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- Case
- [2005] WASCA 183
- Decision Date
CaseChat Overview and Summary
The legal question before the court was whether the appellant's election to retain his right to common law damages precluded him from claiming lump sum compensation under the Workers' Compensation and Rehabilitation Act 1981. The court needed to interpret the relevant statutory provisions and determine whether these provisions allowed for such a dual claim. The court examined the statutory framework, focusing on the interplay between the appellant's election and the entitlement to compensation under the Act.
The court found that the statutory provisions did not permit the dual claim. It held that the appellant's election to retain his right to damages at common law precluded him from also claiming lump sum compensation under the Act. The court reasoned that the legislative intent behind the Act and the appellant's election was to provide an exclusive remedy for workplace injuries, either through the statutory compensation scheme or common law damages, but not both. Consequently, the appeal was dismissed, affirming the lower court's decision.
Orders
Orders of the court
Appeal dismissed
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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