Scott v Q Catering Ltd

[2011] QSC 326

SUPREME COURT OF QUEENSLAND

CITATION:

Scott v Q Catering Ltd & Anor [2011] QSC  326

PARTIES:

WILLIAM ANDREW SCOTT
(applicant)
v
Q CATERING LTD ACN 003 530 685
(first respondent)
QANTAS AIRWAYS LTD ACN 009 661 901
(second respondent)

FILE NO/S:

BS5335/11

DIVISION:

Trial

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court, Brisbane

DELIVERED ON:

4 November 2011

DELIVERED AT:

Brisbane

HEARING DATE:

12 July 2011

JUDGE:

Douglas J

ORDER:

Declare that the applicant is entitled to bring a proceeding for damages for personal injury against the first respondent after the expiration of the limitation period and after compliance with the requirements set out in s 295 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) despite non-compliance with condition 3 of the conditions imposed by the second respondent pursuant to section 276 of the Act.

That the second respondent comply with the procedural requirements of chapter 5 of the Act.

CATCHWORDS:

WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – PRELIMINARY REQUIREMENTS – NOTICE OF INJURY – EFFECT OF INACCURACY, DELAY OR FAILURE TO GIVE NOTICE – where applicant injured at work – where applicant’s solicitors delivered defective notice of claim but insurer conditionally waived compliance subject to delivery of a fresh notice – where applicant accepted waiver before expiration of limitation period but fresh notice of claim delivered  in breach of condition imposed by insurer  – where applicant’s solicitors delivered fresh notice of claim to second respondent one day after required by insurer’s condition  – whether waiver complete on agreement pursuant to statute or on performance of conditions imposed by  insurer – whether one day’s mistake in delivery of notice to first respondent rather than second respondent affects applicant’s rights to commence proceedings after expiration of limitation period

Workers’ Compensation and Rehabilitation Act 2003 (Qld), ss 275, 276(6), 276(8), 287, 295, 298, 302(1)(a)(ii)

Handover v Consolidated Meat Group Pty Ltd [2009] 2 Qd R 133 referred;
Roberts v Australia and New Zealand Banking Group Ltd [2006] 1 Qd R 482 referred;
Wilkinson v Stevensam Pty Ltd& Ors [2006] QCA 88 referred;
Greengrass v Margach Builders Pty Ltd [2010] QDC 396 referred

COUNSEL:

DC Rangiah SC and SJ Cleary for the applicant

WDP Campbell for the respondents

SOLICITORS:

Maurice Blackburn for the applicant

HWL Ebsworth Lawyers for the respondents

1. Douglas J: Mr Scott was an employee of Q Catering Ltd, the first respondent, which is insured by the second respondent, Qantas Airways Ltd. Q Catering had previously been known as Qantas Flight Catering Ltd. Mr Scott says he was injured at work on 24 May 2008 when he slipped and fell on some stairs. On 3 May 2011, shortly before the limitation period for his cause of action was due to expire on 24 May 2011, his solicitors lodged an urgent notice of claim with Qantas Airways pursuant to s 276 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (“the Act”).

1. Qantas Airways’ solicitors responded on 9 May 2011 proposing conditions for waiving compliance with the Act which included the…