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Pagnon v Workcover Queensland

Pagnon v Workcover Queensland

Case [2000] QCA 421 10 October 2000

Entitlement to Compensation

Limitation Periods

Dissolution

Indemnity

Workers' Compensation Law

Corporate Law & Governance

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SUPREME COURT OF QUEENSLAND

CITATION: Pagnon v WorkCover Queensland [2000] QCA 421

PARTIES: ANTONIO ELSIO PAGNON
(plaintiff/respondent)
v
WORKCOVER QUEENSLAND
(defendant/applicant)

FILE NO/S: Appeal No 6389 of 2000
DC No 226 of 1999

DIVISION: Court of Appeal

PROCEEDING: Application for leave s118 DCA (Civil)

ORIGINATING COURT:
District Court at Brisbane

DELIVERED ON: 10 October 2000

DELIVERED AT: Brisbane

HEARING DATE: 11 September 2000

JUDGES: McPherson and Thomas JJA, Muir J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER: Application for leave to appeal granted. Appeal dismissed with costs.

CATCHWORDS:
WORKERS’ COMPENSATION – ENTITLEMENT TO AND LIABILITY FOR COMPENSATION – PERSONS LIABLE TO PAY COMPENSATION – LIABILITY FOR INDEMNITY – QUEENSLAND – plaintiff/respondent injured while working for corporation that was dissolved after the injury was incurred – whether plaintiff could now sue the Board in respect of that injury

CORPORATIONS – WINDING UP – CONDUCT AND INCIDENTS OF LIQUIDATION – DISSOLUTION – RESTORATION OF DEFUNCT COMPANY TO REGISTER – IN WHAT CIRCUMSTANCES ORDER MADE - whether court would have exercised its discretion to reinstate company

LIMITATION OF ACTIONS – APPLICATION OF STATUTES OF LIMITATION – OTHER MATTERS - whether time to bring action had expired - whether acting against the Board constituted a new action

Corporations Law (Cth), s 562, s 571(1), s 601AD(1), s 601AF, s 601AG, s 601AH
Limitation of Actions Act 1974 (Qld) s 11
Motor Vehicles Insurance Acts 1936-1979 (Qld), s 4A(1), s 4F, s 4G
Workers Compensation Act 1990 (Qld) s 44(1)(b), s 183(1), s 186

Brambles Construction Pty Ltd v Helmers (1966) 114 CLR 213, distinguished
Blandford v Fox (1945) 45 SR (NSW) 241, mentioned
Deputy Commissioner of Taxation v Action Worker Pty Ltd (1996) 20 ASCR 712, mentioned
Deutsche Bank v Banque des Marchands du Moscou (1932) 158 LT 364, mentioned
Ellul v Active Home Improvements Pty Ltd (1993) 112 FLR 4, applied
Howell v Nominal Defendant (1962) 108 CLR 552, mentioned
Insurance Commissioner v Moss [1969] VR 650, mentioned.
Little v Suncorp Insurance and Finance [1989] 1 Qd R 633, approved
Lloyd v The Nominal Defendant (Queensland) [1972] Qd R 120, approved
Motor Terms Co Pty Ltd v Liberty Insurance Ltd (1967) 116 CLR 177, mentioned
Re General Rolling Stock Co (1872) LR 7 Ch App 646, applied
Re Harule Pty Ltd (1994) 13 ACSR 500, mentioned
Re H R Cody Pty Ltd (1992) 8 ASCR 563, mentioned
Re Lindsay Bowman Ltd [1969] 1 WLR 1443, mentioned
Re Morton (1996) 21 ASCR 497, mentioned
Re Producers’ Oilwell Supplies Ltd [1943] VLR 141, mentioned
Re William Bros Ltd (1945) 62 WN (NSW) 226, mentioned
Re Workvale Ltd [1992] 1 WLR 416, mentioned
Solla v Scott [1982] 2 NSWLR 832, mentioned
Universal Forming & Construction [1977] ACLR 29-398, mentioned
Venn v Direct Line Freight Pty Ltd [1983] 1 ACLC 898, mentioned

COUNSEL: P A Keane QC with G M Egan for the applicant
M Grant-Taylor for the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Pagnon v Workcover Queensland

Details

AGLC: Pagnon v Workcover Queensland [2000] QCA 421
Case: [2000] QCA 421
Decision Date: 10 October 2000

CaseChat Overview and Summary

The case of Pagnon v Workcover Queensland involved a dispute regarding entitlement to workers' compensation. The plaintiff, Pagnon, was injured while working for a corporation that subsequently dissolved. The primary issue was whether Pagnon could now sue the Board for compensation related to the injury. The Queensland Court of Appeal was tasked with determining this and related legal questions.

The legal issues before the court included whether Pagnon's right to claim compensation was extinguished by the dissolution of the corporation, and if the Board was liable for indemnity. Additionally, the court needed to decide whether the court would have exercised its discretion to reinstate the defunct company, and whether the statute of limitations barred Pagnon's claim. The court also considered if suing the Board constituted a new action, potentially restarting the limitation period.

In its reasoning, the court held that the plaintiff could not sue the Board for compensation as the corporation was dissolved after the injury occurred. The court also determined that the Board was not liable for indemnity and that it would not have exercised its discretion to reinstate the defunct company. The limitation period had expired, and suing the Board did not constitute a new action. Consequently, the application for leave to appeal was granted, but the appeal was dismissed with costs.

The final orders of the court were that the application for leave to appeal was granted, but the appeal itself was dismissed with costs. The plaintiff was not entitled to compensation from the Board, and the Board was not liable for indemnity. The defunct company was not reinstated, and the plaintiff's claim was time-barred.

Orders

Orders of the court

Application for leave to appeal granted. Appeal dismissed with costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Citations

AGLC Citation

Pagnon v Workcover Queensland [2000] QCA 421

Most Recent Citation

Hutchinson v Australian Securities and Investments Commission [2001] VSC 465

Cases citing this decision · 24 of 24 shown

Romaro and Pikachu v Australian Securities and Investments Commission
[2024] WASC 276 Para 6

…laintiff was not intended to be placed in a better or worse position than had the company not been deregistered.[9] [8] Pagnon v Workcover Queensland [2000] QCA 421; [2001] 2 Qd R 492 ( Pagnon ); Mervyn Jonathan Kitay as liquidator of ACN 009 009 072 Pty Ltd v Chaucer Syndicates Ltd (CRN 184915) as managing agent…
Ligon 158 Pty Limited (in liq) v Shield Holdings Australia Pty Limited (de‑registered)
[2024] FCA 144 Para 7

…intiffs should identify, with specificity, which limitation periods are sought to be extended citing by way of example: Pagnon v WorkCover Queensland [2000] QCA 421. This it was said could uncover further problems, for example if some of the claims are governed by the law of a foreign jurisdiction. I do not accep…
Nicholls (Trustee) v Australian Securities and Investments Commission, in the matter of Lawson
[2023] FCA 1368 Para 20

…, which empowers the Court to validate things done during the period of deregistration. In Pangon v Workcover Queensland [2001] 2 Qd R 492; [2000] QCA 421, McPherson JA (with whom Thomas JA and Muir J relevantly agreed) considered the power to be very wide: at [15]. In that case, his Honour made an order suspendi…
ACN 009 009 072 Pty Ltd (in Liquidation) v Australian Securities & Investments Commission
[2022] WASC 221 Para 3

…laintiff is nevertheless aggrieved by the deregistration and that it is just to order the company's reinstatement. [16] Pagnon v WorkCover Queensland [2000] QCA 421; [2001] 2 Qd R 492 [17] (McPherson JA). [17] Del Borrello v Australian Securities and Investments Commission [2008] WASC 48 [15].…
Thorne Developments Pty Ltd v Laird
[2022] QSC 85 Para 13

…reinstatement.[5] It has been used to make orders modifying the ordinary effect of reinstatement.[6] [3](2018) 358 ALR 624 [110] (McKerracher J). [4] Pagnon v Workcover Queensland (2001) 2 Qd R 492, 499 [15] (McPherson JA). [5](2018) 358 ALR 624, [137]. [6] In the matter of ACN063346708 (2018) NSWSC 1709, [51] (Rees J).…
Mervyn Jonathan Kitay as liquidator of ACN 009 009 072 Pty Ltd v CHAUCER Syndicates Ltd (CRN 184915) as managing agents for CHAUCER SYNDICATE 1084
[2021] WASC 450 Para 9

…not refer to this case in his written submissions. In oral submissions, the plaintiff discussed it at ts 17 - 18. [31] Pagnon v Workcover Queensland [2000] QCA 421; (2001) 2 Qd R 492.…
Saba Bros Tiling (ACT) Pty Ltd v Australian Securities and Investments Commission
[2021] ACTSC 47

…[2008] FCA 433; 167 FCR 212 Pagnon v Workcover Queensland [2000] QCA 421; [2001] 2 Qd R 492.…
In the matter of Austral Bronze Pty Limited;; In the matter of John Darlington Pty Limited;; In the matter of John Darlington Pty Limited (No 2)
[2020] NSWSC 1633 Para 70

…llary orders, judicial observations have varied, generally commensurate with the facts to hand. In Pagnon v Workcover Queensland [2001] 2 Qd R 492; [2000] QCA 421, the Court’s power under section 601AH(3)(b) was considered to be “very wide” while in CGU v Rockwall Interiors Barrett J considered, “the s 601AH(3) j…
In the matter of Garfox 86 Pty Limited
[2019] NSWSC 442 Para 22

…, which empowers the Court to validate things done during the period of deregistration. In Pagnon v Workcover Queensland [2001] 2 Qd R 492; [2000] QCA 421, McPherson JA (with whom Thomas JA and Muir J relevantly agreed) considered the power to be very wide: at [15]. In that case, his Honour made an order suspendi…
Smith v Australian Securities and Investments Commission
[2018] NSWSC 1695 Para 20

…In Pagnon v WorkCover Queensland [2001] 2 Qd R 492; [2000] QCA 421, McPherson JA, speaking for the Queensland Court of Appeal, referred to the authorities on the making of Donald Kenyon orders. His Honour considered that in an appropriate case such an order could be made, despite doubts which had earlier been exp…
The Bell Group Limited v Australian Securities and Investments Commission
[2018] FCA 884 Para 20

…ns Act; the second is and the acceptance of the jurisdiction by the Queensland Court of Appeal in Pagnon v Workcover Queensland ; [2001] 2 Qd R 492 [2000] QCA 421, which I should follow unless convinced it is plainly wrong. [24] The re-enacted section no longer contains the limitation that appeared in its predece…
In the matter of Precision Panel Proprietary Limited; State of Victoria v Australian Securities and Investments Commission
[2013] NSWSC 2040 Para 1

…insurer whatever amounts they were entitled by force of law to recover from the company had it not been deregistered [ Pagnon v Work Cover Queensland [2000] QCA 421; [2001] 2 Qd R 492; Almario v Allianz Australia Workers' Compensation [2005] NSWCA 19; (2005) 62 NSWLR 148; (2005) ACSR 422].…
Sciacca v Langshaw Valuations Pty Ltd
[2013] NSWSC 1285 Para 1

…In Pagnon v Workcover Queensland [2000] QCA 421; 2 Qd R 492 ( Pagnon ), the Queensland Court of Appeal considered the time limits that applied when a worker brought proceedings against the Workers Compensation Board under s 186 of the Workers' Compensation Act 1990 (Qld) because his employer had been deregistered…
The Hancock Family Memorial Foundation Ltd v Fieldhouse [No 5]
[2013] WASC 121 Para 2

…v Allianz Australia Workers Compensation (NSW) Insurance Ltd [2005] NSWCA 19; 62 NSWLR 148 [41] ‑ [46] (Ipp JA) and Pagnon v WorkCover Queensland [2000] QCA 421; 2 Qd R 492 [17] (McPherson JA) in which a purposive construction of s 601AG of the Corporations Act 2001 (Cth) was applied. Wheeler JA considered that s…
Roy Atkin Johnstone v Broad Group Holdings Pty Limited
[2011] NSWDC 181 Para 1

…At [15], Justice Ipp noted that his Honour Judge Walmsley of this Court, at first instance, relied upon Pagnon v WorkCover Queensland (2001) 2 Qd R 492 to hold that the limitation period for s 601AG actions began to run on deregistration of the company and that this finding was not challenged on the appeal. Nor did the Court of Appeal…
Blazai Pty Ltd v Gateway Development (St Marys) Pty Ltd
[2009] NSWSC 800

…barran [2004] NSWSC 632 Graham Lewis Herbert v Nozala [2006] NSWSC 1437 Newfront Pty Ltd (Deregistered) [2008] SASC 127 Pagnon v Workcover Queensland [2000] QCA 421 Pilarinos v Australian Securities and Investments Commission [2006] VSC 301; (2006) 24 ACLC 775 Promnitz v Australian Securities and Investments Comm…
Stone v ACN 000 337 940 Pty Ltd
[2008] NSWSC 1058

…e Touche Tohmatsu [2008] FCA 433; (2008) 65 ACSR 636 Orica Ltd v CGU Insurance Ltd [2003] NSWCA 331; (2003) 59 NSWLR 15 Pagnon v WorkCover Queensland [2000] QCA 421; [2001] 2 QdR 492 Ramantanis v G & M Excavations Pty Ltd [2003] NSWSC 250; (2004) 22 ACLC 22 Suncorp Metway Insurance Ltd v Clonmel Pty Ltd [2000] QS…
Cassatone Nominees P/L v Queenslandwide House & Building Reports P/L
[2008] QCA 102 Para 1

…case.[13] [11] Falcon v Famous Players Film Co Ltd [1926] 2 KB 474. [12] Pagnon v WorkCover Queensland [2001] 2 Qd R 492 per McPherson JA at [17]; [2000] QCA 421. [13]Cf Nicholls v R (2005) 219 CLR 196 per Gummow and Callinan JJ at [178] – [179]…
Del Borrello v Australian Securities and Investments Commission
[2008] WASC 48 Para 13

…I refer also to the observations of McPherson JA in Pagnon v WorkCover Queensland [2000] QCA 421; [2001] 2 Qd R 492. At [17] his Honour said this: The legislative policy underlying s 601AG is, however, not open to doubt. It is to 'shortcut' the need to reinstate the company, and to do so by enabling the ultimate…
Burmingham v Hynes
[2005] QCA 274

…, cited Morton v Vouris (1996) 21 ACSR 497, cited Pagnon v WorkCover Queensland [2000] QCA 421; [2001] 2 Qd R 492, cited COUNSEL: The applicant/appellant appeared on his own behalf D G Clothier for the first respondents C D McIvor (sol) for the second respondent SOLICITORS: The applicant/appellant appeared on his…
Shortis v Mr Carpet (Gold Coast) Pty Ltd
[2003] QDC 377 Para 1

…kCover is found liable to indemnify. In itself, the legislation supports the plaintiff’s argument for a preliminary determination of the issue. [3] Pagnon v WorkCover Queensland (2000) QCA 421, at para [17]…
Langridge v Insurance Commission of Western Australia
[2003] WASC 24 Para 30

…orandum, but also on the observations of McPherson JA (with whom Thomas JA agreed) of the Queensland Court of Appeal in Pagnon v Workcover Queensland [2000] QCA 421; [2001] 2 Qd R 492. In that case, in determining whether s 186 of the Workers' Compensation Act 1990 (Qld) conferred a new right or cause of action a…
Hutchinson v Australian Securities and Investments Commission
[2001] VSC 465 Para 1

…This case is not yet reported. Its ‘media neutral citation’ is [2000] QCA 421. The Court of Appeal comprised McPherson and Thomas, JJA and Muir, J, the judge who decided Suncorp Metway . Their judgments were handed down on 10 October 2000. The appeal involved the construction of s 186 of the Queensland Workers Co…
Joyce Rural Pty Ltd (Formerly Allnet Corp Pty Ltd) v Harris
[2001] WASC 14

…ACCC v ASIC (2000) 174 ALR 688 Pagnon v Workcover Queensland [2000] QCA 421 Ellul v Active Home Improvements Pty Ltd & Anor (1993) 112 FLR 4 Gausten v Outokumpo Australia Pty Ltd [1988] WASC 355 Harry Goudias Pty Ltd v Port Adelaide Freezers Pty Ltd (1992) 7 ACSR 303 Harule Pty Ltd; Ex parte Olita Super Readymixe…

View all 24 citing cases →

Cases cited in this decision · 7 of 7 shown

Motor Terms Co Pty Ltd v Liberty Insurance Ltd
[1967] HCA 9 Para 1

…of time under the Limitation Acts: Re General Rolling Stock Co (1872) LR 7 Ch App 646, as explained in Motor Terms Co Pty Ltd v Liberty Insurance Ltd (1967) 116 CLR 177. The reason is that on winding up all actions against the company are stayed, and replaced by a right of proof in the liquidation. By analogy, a corp…
Brambles Constructions Pty Ltd v Helmers
[1966] HCA 3 Para 1

…rescribed by that provision has been fulfilled. Some support for this approach was sought to be elicited from Brambles Construction Pty Ltd v Helmers (1966) 114 CLR 213, 219‑221. With respect, however, I am unable to identify any similarity between the issues or the provisions considered in Brambles and the question…
Howell v Nominal Defendant
[1962] HCA 4

…1932) 158 LT 364, mentioned Ellul v Active Home Improvements Pty Ltd (1993) 112 FLR 4, applied Howell v Nominal Defendant (1962) 108 CLR 552, mentioned Insurance Commissioner v Moss [1969] VR 650, mentioned. Little v Suncorp Insurance and Finance [1989] 1 Qd R 633, approved Lloyd v The Nominal Defendant (Queensland)…
7 Ch App 646
7 Ch App 646 Para 1

…It is settled that winding up of a company stops the running of time under the Limitation Acts: Re General Rolling Stock Co (1872) LR 7 Ch App 646, as explained in Motor Terms Co Pty Ltd v Liberty Insurance Ltd (1967) 116 CLR 177. The reason is that on winding up all actions against the company are stayed, and…
[1969] 1 WLR 1443
[1969] 1 WLR 1443 Para 1

…, referred to above, of the section of the Companies Act corresponding to the now repealed s 571(1) of the Corporations Law. In Re Lindsay Bowman Ltd [1969] 1 WLR 1443, 1446, Megarry J explained the jurisdiction as follows:…
[1956] 1 WLR 1397
[1956] 1 WLR 1397

…he date of restoration to the register is not to be counted for the purposes of any Statutes of Limitation: see, for example, In re Donald Kenyon Ltd [1956] 1 WLR 1397. Such a direction seems to me to effectuate the general purpose of the concluding limb of the subsection. If a creditor had six years in which to sue…
[1992] 1 WLR 416
[1992] 1 WLR 416 Para 1

…d s 36 of the Limitation Act 1985 (ACT) as exemplifying a legal policy that, in such circumstances, time should be extended. See also Re Workvale Ltd [1992] 1 WLR 416 (CA), which may be thought to vindicate the approach adopted by his Honour in Ellul's case.…

Legislation cited in this decision · 3

Limitation of Actions Act 1974 (Qld)
11 3 mentions (from Para 1)
Workers' Compensation Act 1990 (Qld)
44(1)(b) 3 mentions (from Para 1)
Limitation Act 1985 (ACT)
1 mention (from Para 1)

CITATION:	Pagnon v WorkCover Queensland [2000] QCA 421
PARTIES:	ANTONIO ELSIO PAGNON (plaintiff/respondent) v WORKCOVER QUEENSLAND (defendant/applicant)
FILE NO/S:	Appeal No 6389 of 2000 DC No 226 of 1999
DIVISION:	Court of Appeal
PROCEEDING:	Application for leave s118 DCA (Civil)
ORIGINATING COURT:	District Court at Brisbane
DELIVERED ON:	10 October 2000
DELIVERED AT:	Brisbane
HEARING DATE:	11 September 2000
JUDGES:	McPherson and Thomas JJA, Muir J Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:	Application for leave to appeal granted. Appeal dismissed with costs.
CATCHWORDS:	WORKERS’ COMPENSATION – ENTITLEMENT TO AND LIABILITY FOR COMPENSATION – PERSONS LIABLE TO PAY COMPENSATION – LIABILITY FOR INDEMNITY – QUEENSLAND – plaintiff/respondent injured while working for corporation that was dissolved after the injury was incurred – whether plaintiff could now sue the Board in respect of that injury CORPORATIONS – WINDING UP – CONDUCT AND INCIDENTS OF LIQUIDATION – DISSOLUTION – RESTORATION OF DEFUNCT COMPANY TO REGISTER – IN WHAT CIRCUMSTANCES ORDER MADE - whether court would have exercised its discretion to reinstate company LIMITATION OF ACTIONS – APPLICATION OF STATUTES OF LIMITATION – OTHER MATTERS - whether time to bring action had expired - whether acting against the Board constituted a new action Corporations Law (Cth), s 562, s 571(1), s 601AD(1), s 601AF, s 601AG, s 601AH Limitation of Actions Act 1974 (Qld) s 11 Motor Vehicles Insurance Acts 1936-1979 (Qld), s 4A(1), s 4F, s 4G Workers Compensation Act 1990 (Qld) s 44(1)(b), s 183(1), s 186 Brambles Construction Pty Ltd v Helmers (1966) 114 CLR 213, distinguished Blandford v Fox (1945) 45 SR (NSW) 241, mentioned Deputy Commissioner of Taxation v Action Worker Pty Ltd (1996) 20 ASCR 712, mentioned Deutsche Bank v Banque des Marchands du Moscou (1932) 158 LT 364, mentioned Ellul v Active Home Improvements Pty Ltd (1993) 112 FLR 4, applied Howell v Nominal Defendant (1962) 108 CLR 552, mentioned Insurance Commissioner v Moss [1969] VR 650, mentioned. Little v Suncorp Insurance and Finance [1989] 1 Qd R 633, approved Lloyd v The Nominal Defendant (Queensland) [1972] Qd R 120, approved Motor Terms Co Pty Ltd v Liberty Insurance Ltd (1967) 116 CLR 177, mentioned Re General Rolling Stock Co (1872) LR 7 Ch App 646, applied Re Harule Pty Ltd (1994) 13 ACSR 500, mentioned Re H R Cody Pty Ltd (1992) 8 ASCR 563, mentioned Re Lindsay Bowman Ltd [1969] 1 WLR 1443, mentioned Re Morton (1996) 21 ASCR 497, mentioned Re Producers’ Oilwell Supplies Ltd [1943] VLR 141, mentioned Re William Bros Ltd (1945) 62 WN (NSW) 226, mentioned Re Workvale Ltd [1992] 1 WLR 416, mentioned Solla v Scott [1982] 2 NSWLR 832, mentioned Universal Forming & Construction [1977] ACLR 29-398, mentioned Venn v Direct Line Freight Pty Ltd [1983] 1 ACLC 898, mentioned
COUNSEL:	P A Keane QC with G M Egan for the applicant M Grant-Taylor for the…