Perrott v Crisp

The parties in this matter were Perrott (the applicant) and Crisp (the respondent). The dispute concerned the interpretation of the Workers Compensation Act 1987 (NSW) in relation to a claim for compensation following a worker's death. The case came before the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether a right to compensation under the Workers Compensation Act 1987 (NSW) had "vested" in the deceased worker or "accrued" to them prior to their death, such that their dependants could pursue a claim for compensation after the worker's death, notwithstanding that no formal action had been commenced by the worker during their lifetime.

The Court considered the meaning of the terms "vests" and "accrues" within the context of the Act. It was held that for a right to compensation to be considered as having vested or accrued, there must have been a point in time where the worker had a legally enforceable right to receive compensation. The Court concluded that the mere existence of a compensable injury or illness, without more, did not automatically create such a vested or accrued right. The specific circumstances of the worker's condition and the employer's liability at the time of death were critical.

The application for leave to appeal was granted, but the appeal itself was ultimately dismissed.