Ostojic v Trazmet Pty Limited

The parties to this appeal were the claimant, Mr Ostojic, and the respondent, Trazmet Pty Limited. The dispute concerned the claimant's entitlement to workers compensation benefits under the *Workers Compensation Act 1987* (NSW). The appeal was heard in the Court of Appeal of New South Wales.

The primary legal issue before the court was whether the claimant had validly made an election under section 151A of the *Workers Compensation Act 1987*. This section, and its predecessors, governed the circumstances in which a claimant could elect to pursue a claim for common law damages rather than accepting statutory compensation. A secondary issue arose regarding whether the claimant's second application constituted an abuse of process.

The court considered the history and interpretation of section 151A and its predecessors. It was held that the claimant had made his election in the circumstances presented. The court found that the claimant's second application did not amount to an abuse of process, implying that the specific facts of the case did not support such a finding. The court's reasoning appears to have involved a broad interpretation of the concept of an "award" as used in the context of the repealed Act, which included "award, order, determination, ruling and direction".