S Barry & R Keith v Goddard

In *S Barry & R Keith v Goddard*, the New South Wales Court of Appeal considered an application for leave to appeal concerning a worker's election not to claim common law damages. The dispute arose from the worker's assertion that he had made his election under the *Workers Compensation Act 1987* (NSW) under a mistake, both as to the date of the election and the effect of an amendment to section 151A(3)(b) of the Act.

The central legal issue before the Court of Appeal was whether the injured worker could validly revoke his election not to pursue common law damages. This required the court to determine the circumstances under which such an election, once made, could be set aside due to a mistake, particularly in light of legislative amendments impacting the worker's rights.

The Court of Appeal, comprising Fitzgerald and Heydon JJA, granted leave to appeal and allowed the appeal. The court reasoned that the District Court had erred in its previous determination. The Court of Appeal set aside the orders made by the District Court on the worker’s notice of motion and remitted the matter to the District Court for further hearing and determination according to law. The costs of the application for leave to appeal and the appeal were ordered to follow the event in the District Court.