Stryke Corporation Pty Ltd v Miskovic

Stryke Corporation Pty Ltd (the appellant) sought leave to amend its proposed statement of claim against Mr Miskovic (the respondent) in proceedings concerning a work injury. The dispute centred on whether the proposed amendment, which introduced a claim for misleading conduct under section 53B of the *Trade Practices Act 1974* (Cth), fell within the scope of section 318 of the *Workplace Injury Management and Workers' Compensation Act 1998* (NSW). The appeal was heard by Spigelman CJ, Hodgson JA, and Santow JA.

The primary legal issue before the court was the interpretation of section 318(1) of the *Workplace Injury Management and Workers' Compensation Act 1998* (NSW), specifically whether the expression "for work injury damages" encompassed a claim for misleading conduct under section 53B of the *Trade Practices Act 1974* (Cth). This involved determining whether a contravention of section 53B could be considered as "caused by the negligence or other tort of the employer" within the meaning of section 318(1).

The court reasoned that section 318 of the *Workplace Injury Management and Workers' Compensation Act 1998* (NSW) was not applicable to the proposed amendment. Consequently, the court found no necessity to consider any potential constitutional inconsistency between section 318 and section 53B of the *Trade Practices Act 1974* (Cth). Furthermore, the court held that there was no basis for appellate intervention in the exercise of the discretion to grant leave to amend.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.