Transfield Pty Ltd v Rawstron

Case [2005] WASCA 78


TRANSFIELD PTY LTD -v- RAWSTRON [2005] WASCA 78



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2005] WASCA 78
THE COURT OF APPEAL (WA)
Case No:FUL:1/200416 FEBRUARY 2005
Coram:STEYTLER P
MCLURE JA
PULLIN JA
29/04/05
20Judgment Part:1 of 1
Result: Appeal allowed
Respondent's action against the appellant to be struck out
A
PDF Version
Parties:TRANSFIELD PTY LTD
DAVID RAWSTRON

Catchwords:

Workers' compensation
Injury sustained on building site
Section 175 Workers' Compensation and Rehabilitation Act 1981 (WA)
Whether appellant a "deemed employer"
Whether compensation payable, enlivening s 93B Workers' Compensation and Rehabilitation Act 1981 (WA)
Leave of District Court to commence proceedings not obtained prior to coming into effect of either of Workers' Compensation and Rehabilitation Act 1999 (WA) or Workers' Compensation (Common Law Proceedings) Act 2004 (WA)
Whether action rendered a nullity
Construction and effect of s 5 Workers' Compensation (Common Law Proceedings) Act 2004 (WA) and s 32(7) Workers' Compensation and Rehabilitation Amendment Act 1999 (WA)
Whether defence of waiver or estoppel arose from mere inaction

Legislation:

Interpretation Act 1984 (WA), s 37
Occupiers' Liability Act 1985 (WA), s 5(1)
Rules of the Supreme Court 1971 (WA), O 20 r 19(1)
Trade Practices Act 1974 (Cth), s 18, s 22, s 75AD
Workers' Compensation (Common Law Proceedings) Act 2004 (WA), s 5(1)(a), s 5(1)(b), s 5(2), s 5(3), s 7(2)
Workers' Compensation and Rehabilitation Act 1981 (WA), s 5(a), s 18, s 22, s 93B, s 93B(1)(a), s 93B(1)(b), s 93B(2), s 93C, s 93D, s 93D(4), s 93E(3), s 175, s 175(1), s 175(3), s 175(7), Sch 1
Workers' Compensation and Rehabilitation Amendment Act 1999 (WA), s 32, s 32(7), s 32(7)(b), s 32(7)(c), s 32(7)(f)

Case References:

Commonwealth v Verwayen (1990) 170 CLR 394
Dossett v TKJ Nominees Pty Ltd (2003) 202 ALR 428
Harvey v Aerodrome Management Services Pty Ltd [2004] WADC 115
Hewitt v Benale Pty Ltd (2002) 27 WAR 91
Jones v Bartlett (2000) 205 CLR 166
Newcombe v AME Properties Ltd (1995) 14 WAR 259
Re Monger; Ex parte Cross [2004] WASCA 176
Westralian Caterers Pty Ltd v Eastment Ltd (1992) 8 WAR 139
Wright v Vanderplank (1856) 44 ER 340

Attorney-General v Vernazza [1960] AC 965
Ilievska-Dieva v SGIO Insurance Ltd [2000] WASCA 161
Kimberley Downs Pty Ltd v Western Australia, unreported; SCt of WA; Library No 6414; 25 August 1986
Koljibabic v WMC Resources [2003] HCATrans 427
MacCarron v Coles Supermarkets Australia Pty Ltd (2001) 23 WAR 355
Niven v Grant (1903) 29 VLR 102
Royal v Alcoa of Australia Ltd [2004] WASCA 269

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : TRANSFIELD PTY LTD -v- RAWSTRON [2005] WASCA 78 CORAM : STEYTLER P
    MCLURE JA
    PULLIN JA
HEARD : 16 FEBRUARY 2005 DELIVERED : 29 APRIL 2005 FILE NO/S : FUL 1 of 2004 BETWEEN : TRANSFIELD PTY LTD
    Appellant

    AND

    DAVID RAWSTRON
    Respondent


ON APPEAL FROM:

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Details
AGLC
Transfield Pty Ltd v Rawstron [2005] WASCA 78
Case
[2005] WASCA 78
Decision Date

CaseChat Overview and Summary

Transfield Pty Ltd sought to have an action brought by the respondent, Rawstron, dismissed on the grounds that it was rendered a nullity by legislative changes. The dispute centred on whether Transfield was a "deemed employer" under section 175 of the Workers' Compensation and Rehabilitation Act 1981 (WA), and whether Rawstron was entitled to compensation under section 93B of the same act. The crux of the case was whether the legislative amendments, specifically sections 5 of the Workers' Compensation (Common Law Proceedings) Act 2004 (WA) and 32(7) of the Workers' Compensation and Rehabilitation Amendment Act 1999 (WA), rendered Rawstron's action invalid due to the absence of leave of the District Court. Additionally, the case examined whether the defence of waiver or estoppel could be raised by Transfield due to Rawstron's inaction in obtaining the requisite leave prior to the commencement of the relevant legislation.

The court had to determine the legal validity of Rawstron's action in light of the legislative changes and whether these changes rendered the action a nullity. The central issue was the interpretation of sections 5 and 32(7) and their impact on Rawstron's right to commence proceedings. The court also had to consider whether Transfield could raise a defence of waiver or estoppel because Rawstron did not obtain leave of the District Court as required by the legislation. This involved examining the legislative intent and the practical implications of these provisions on the ability to commence and maintain common law proceedings.

The Court of Appeal held that Transfield was not a "deemed employer" within the meaning of section 175 of the Workers' Compensation and Rehabilitation Act 1981 (WA). Furthermore, it found that the legislative changes did not render Rawstron's action a nullity, as the failure to obtain leave of the District Court did not constitute a waiver or estoppel. The court interpreted sections 5 and 32(7) as not intending to retroactively invalidate actions commenced before the legislation took effect. Consequently, the appeal was allowed, and the respondent's action against the appellant was struck out.

The final orders of the court were that the appeal was allowed, and the respondent's action against the appellant was to be struck out. This decision effectively dismissed Rawstron's claim against Transfield, based on the court's interpretation of the relevant legislative provisions and their application to the facts of the case.

Orders

Orders of the court

Appeal allowed

Respondent's action against the appellant to be struck out

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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