Rochford v Dayes

Dennis Anthony Rochford (the plaintiff) commenced proceedings against four defendants, seeking damages for personal injury allegedly sustained in two incidents during his employment at a meat works on 13 October 1981 and 6 May 1982. The plaintiff alleged he slipped on the floor on both occasions, suffering injury primarily to his back. The first and second defendants were alleged to be fellow employees in supervisory roles who breached a duty of care owed to the plaintiff. The third defendant was identified as a company that was, or may have been, the plaintiff's employer at the relevant times, with the defendants' counsel admitting this company was indeed the employer. The fourth defendant was the Workers' Compensation Board of Queensland, a body corporate established under the *Workers' Compensation Act* of Queensland. The proceedings were before the High Court of Australia.

The primary legal issue before the Court concerned the capacity of the fourth defendant, the Workers' Compensation Board of Queensland, to be sued. The defendants sought to set aside the writ as against the third and fourth defendants. A secondary, minor procedural matter also required resolution.

The Court was required to determine whether the Workers' Compensation Board of Queensland, as a statutory body corporate constituted under section 3A of the *Workers' Compensation Act* 1916 (Qld), possessed the legal capacity to be sued in the proceedings. The plaintiff's claim against the first and second defendants was based on alleged breaches of a duty of care, while the claim against the third defendant was based on its alleged status as employer. The defendants sought to strike out the proceedings against the third and fourth defendants.

The discussions between counsel indicated that the substantive issue was the capacity of the fourth defendant to be sued. The defendants' application to set aside the writ as against the third and fourth defendants was the subject of the hearing.