Pagnon v Workcover Queensland

Case [2000] QCA 421


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…

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

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

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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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