SUPREME COURT OF QUEENSLAND
CITATION: Tanks v WorkCover Qld [2001] QCA 103 PARTIES: MARK ANTHONY TANKS
(applicant/respondent)
v
WORKCOVER QUEENSLAND
(respondent/appellant)FILE NO/S: Appeal No 9435 of 2000
SC No 610 of 2000DIVISION: Court of Appeal PROCEEDING: General Civil Appeal ORIGINATING COURT: Supreme Court at Townsville
DELIVERED ON: 20 March 2001 DELIVERED AT: Brisbane HEARING DATE: 12 February 2001 JUDGES: Davies and Williams JJA and Mullins J
Separate reasons for judgment of each member of the Court each concurring as to the orders madeORDER: 1. Appeal allowed.
2. Set aside declaration and orders made at first instance.
3. Order that the application be dismissed.
4. Order that the respondent pay the appellant's costs of and incidental to the application and appeal to be assessed.CATCHWORDS: LIMITATION OF ACTIONS – GENERAL – APPLICATION OF STATUTES OF LIMITATION – APPLICATION TO NEW RIGHT CREATED BY STATUTE – where employee brought action for damages for personal injuries against employer – whether, for the purposes of the Limitation of Actions Act 1974, the cause of action existed prior to receipt of notice of assessment from WorkCover – whether new cause of action for damages created by WorkCover Queensland Act 1996 abolishing common law cause of action or whether it arises independently of the operation of the Act – effect of the substantive operation of provisions pursuant to s 252(2)
INDUSTRIAL LAW – INDUSTRIAL SAFETY, HEALTH AND WELFARE – OTHER STATES AND TERRITORIES – QUEENSLAND – interpretation of WorkCover Queensland Act 1996
Limitation of Actions Act 1974 (Qld), s 11
WorkCover Queensland Act 1996 (Qld), s 252(2), s 253Austral Pacific Group Ltd v Airservices Australia (2000) 74 ALJR 1184, considered
Bonser v Melnacis & Anor [2000] QCA 13; Appeal No 4369 of 1999, 8 February 2000, consideredSwannell v Farmer [1999] 1 VR 299, considered
Wilson v Nattrass (1995) 21 MVR 41, consideredCOUNSEL: P A Keane QC with R C Morton for appellant
R J Douglas SC with G R Mullins for respondentSOLICITORS: Bain Gasteen for appellant
Connolly Suthers (Townsville) for respondent
DAVIES JA: This is an appeal against a decision of a judge of the Supreme Court that the period of limitation prescribed by s 11 of the Limitation of Actions Act 1974 for bringing an action for damages by the respondent for personal injuries sustained in the course of his employment with J P and M E Tanks on 26 June 1997 has not expired. That decision, as the learned primary judge recognized, involved two questions:
1. whether the respondent after having sustained his injury and prior to the receipt of the notice of assessment from WorkCover on 11 May 1998 had, for the purposes of the Limitation of Actions Act, a cause of action against his employer; and
2. whether that question was the subject of authority binding on him.
In the latter respect his Honour had in mind the decision of this Court in Bonser v Melnacis & Anor.[1] The questions…
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- AGLC
- Tanks v WorkCover Queensland [2001] QCA 103
- Case
- [2001] QCA 103
- Decision Date
CaseChat Overview and Summary
The court examined the interpretation of the WorkCover Queensland Act 1996 and its interaction with the Limitation of Actions Act 1974. The court found that the new cause of action created by the WorkCover Queensland Act 1996 did not arise independently of the operation of the Act. Instead, the court held that the cause of action arose when the provisions of the Act came into substantive operation. Consequently, the court concluded that the cause of action did not exist prior to the receipt of the notice of assessment from WorkCover, and therefore, the limitation period did not start to run until that point.
The appeal was allowed, and the declaration and orders made at the first instance were set aside. The court dismissed the application and ordered the respondent to pay the appellant's costs of and incidental to the application and appeal, to be assessed. This decision clarifies the application of the Limitation of Actions Act 1974 in relation to claims arising under the WorkCover Queensland Act 1996, providing guidance for similar future cases.
Orders
Orders of the court
1. Appeal allowed.
2. Set aside declaration and orders made at first instance.
3. Order that the application be dismissed.
4. Order that the respondent pay the appellant's costs of and incidental to the application and appeal to be assessed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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