Sinnot v Higgins Trading Company Pty Ltd - [2012] VSC 208

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

COMMON LAW DIVISION

No. S CI 2011 00018

PETER JOHN SINNOT	Plaintiff
v
HIGGINS TRADING COMPANY PTY LTD	Defendant

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JUDGE:	BEACH J
WHERE HELD:	Melbourne
DATE OF HEARING:	17 May 2012
DATE OF JUDGMENT:	18 May 2012
CASE MAY BE CITED AS:	Sinnot v Higgins Trading Company Pty Ltd
MEDIUM NEUTRAL CITATION:	[2012] VSC 208

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ACCIDENT COMPENSATION – Negligence – Claim for damages – Trial of preliminary question – Claim by plaintiff that defendant estopped from denying plaintiff had suffered compensable injury – Issue estoppel – Previous County Court proceeding between the parties – Consent declaration made by County Court – Accident Compensation Act, ss 98C and 134AB.

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APPEARANCES:	Counsel	Solicitors
For the Plaintiff	Mr A.D.B. Ingram with Mr G.A. Worth	Clark Toop & Taylor
For the Defendant	Mr D.E. Curtain QC with Ms J.M. Forbes	Thomsons Lawyers

HIS HONOUR:

Introduction

This is a claim for damages for injuries allegedly sustained by the plaintiff during the course of his employment with the defendant between 20 October 1999 and August 2006. The plaintiff’s claim is brought pursuant to s 134AB of the Accident Compensation Act 1985. Section 134AB permits workers, in certain circumstances, to bring proceedings for damages in respect of injuries arising out of, or in the course of, employment engaged in on or after 20 October 1999.

By paragraph four of his statement of claim, the plaintiff alleges:

“The plaintiff sustained injury, which arose out of or in the course of his employment with the defendant between 20 October 1999 and August 2006, as a result of performing the work duties[1] and, in particular, on or about 27 January 2008 (sic, 27 January 2001) when a heavy reel containing paper struck the plaintiff on his neck and right shoulder (“the injury”).”

[1]“The work duties” being defined in paragraph two of the statement of claim as being work which required the plaintiff to “repetitively unload and stack reels of paper of a variety of weights and sizes, empty recycle bins containing paper and generally perform repetitive and heavy labouring duties”.

By paragraph four of its defence, the defendant pleads:

“Save that it admits that on 29 January 2001, the plaintiff reported sustaining injury by way of bruising to his right shoulder when he was struck on the right shoulder by a reel of paper on or about 27 January 2001 it otherwise denies the allegations contained in paragraph four thereof.”

By paragraph two of his reply, the plaintiff pleads:

“As to paragraph four of the defence, he says that the defendant is estopped, by reason of the declaration made by his Honour Judge Wischusen on 22 October 2009 in proceedings between the plaintiff and the defendant in County Court proceeding number CI-09-00335 whereby it was declared that pursuant to s 98C of the Accident Compensation Act 1985, the plaintiff had suffered compensable injuries with right shoulder, neck and consequential impairment of his upper and lower limbs…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2012] VSC 208
Decision Date: 18 May 2012

CaseChat Overview and Summary

The case before the court involves a claim for damages by Sinnot against Higgins Trading Company Pty Ltd for an accident compensation claim. The matter was heard by the Supreme Court of Victoria, which was required to determine a preliminary question concerning whether the defendant company was estopped from denying that the plaintiff had suffered a compensable injury. The central issue revolved around whether an estoppel arose from a previous proceeding in the County Court between the same parties, where a consent declaration had been made.

The court had to consider the applicability of issue estoppel in light of the Accident Compensation Act. The plaintiff argued that the defendant was estopped from denying the existence of a compensable injury because of a consent declaration made in a prior proceeding. The defendant contended that the declaration did not prevent it from contesting the nature and extent of the injury. The court had to weigh the principles of estoppel and the statutory provisions against the factual circumstances of the case.

The court determined that the issue estoppel did apply in this context, thereby preventing the defendant from denying that the plaintiff had suffered a compensable injury. The court found that the consent declaration in the prior proceeding was sufficient to establish the required elements of estoppel, particularly the plaintiff's reliance on the declaration in proceeding with the current claim. The court concluded that the defendant was estopped from denying the existence of the compensable injury based on the previous consent declaration, and this estoppel was enforceable under the Accident Compensation Act.

The court ordered that the defendant was estopped from denying that the plaintiff had suffered a compensable injury. This decision was made in light of the statutory provisions and the principles of estoppel, as interpreted by the court. The matter was to proceed to trial on the remaining issues, including the nature and extent of the injury and the amount of damages to be awarded.

Orders