University of New England v Larsen-Walsh

The University of New England (the appellant) appealed a decision of the District Court of New South Wales concerning a claim for workers' compensation and damages brought by Ms. Larsen-Walsh (the respondent). The dispute centred on whether Ms. Larsen-Walsh's injury was deemed to have occurred after 30 June 1987, which would engage different provisions of the *Workers Compensation Act 1987* (NSW).

The primary legal issues before the Court of Appeal were whether section 16 of the *Workers Compensation Act 1987* applied to claims for damages, and whether an award for past voluntary service made by the primary judge was excessive or contrary to section 151K(3) of the Act. The court also considered whether the damages had been assessed under the correct legal regime, specifically whether section 16 of the Act affected the respondent's common law rights, and whether there was any appealable error in the assessment of general damages or non-economic loss.

The Court of Appeal held that section 16 of the *Workers Compensation Act 1987* applied only to claims for compensation and not to claims for damages. It further found that the award for past voluntary service was not excessive and did not contravene section 151K(3) of the Act. The court affirmed that section 16 of the Act did not impact the respondent's common law rights and that there was no error in the assessment of general damages or non-economic loss.

The appeal was dismissed with costs.