Legal Research
Cases
Van Dongen v Masters Dairy

Van Dongen v Masters Dairy

Case [2001] WASCA 1 19 January 2001

Appeal

Unconscionable Conduct

Jurisdiction

Employment & Labour Law

No judgment structure available for this case.

Type to search within this case.

VAN DONGEN -v- MASTERS DAIRY [2001] WASCA 1

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2001] WASCA 1
Court:	THE FULL COURT (WA)
Case No:	FUL:161/1999	Heard:	12 JULY 2000
Coram:	KENNEDY ACJ WALLWORK J ANDERSON J	Delivered:	19/01/01
No of pages:	28	Judgment Part:	1 of 1
Result:	Appeal allowed
PDF Version

Parties:	MARTIN VAN DONGEN MASTERS DAIRY
Catchwords:	Workers' compensation Requirement by employer for worker to submit to medical examination Request by worker to have notes taken of interview Whether worker refused to submit to examination or in any way obstructed it without reasonable excuse Whether condition of taking notes reasonable
Legislation:	Workers' Compensation and Rehabilitation Act 1981 s 65
Case References:	Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Hall v Avon Area Health Authority [1980] 1 WLR 481; [1980] 1 All ER 516 Morgan v William Dixon Limited [1912] AC 74 Prescott v Bulldog Tools Ltd [1981] 3 All ER 869 Ryan v Regent Enterprises Pty Ltd (1991) 3 WAR 552 Steele v Deputy Commissioner of Taxation (1999) 197 CLR 459 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Bednarczyk v Natcorp Investments Ltd, unreported; FCt SCt of WA; Library No 970363; 23 July 1997 Black v City of South Melbourne [1963] VR 34 Brambles Manford v Fuller, unreported; Compensation Magistrate's Court; CM-2/98; 25 May 1998 Collector of Customs v Pressure Tankers Pty Ltd (1993) 115 ALR 1 Grigoletto v Myer Properties WA Ltd, unreported; FCt SCt of WA; Library No 8271; 9 May 1990 Hood v Royal Perth Hospital, unreported; FCt SCt of WA; Library No 970658; 5 December 1997 Hope v Bathurst City Council (1980) 144 CLR 1 Major Holdings Pty Ltd v Automotive Holdings Group Pty Ltd, unreported; SCt of WA (Wheeler J); Library No 990010; 22 January 1999 Marford Nominees Pty Ltd v State Planning Commission, unreported; FCt SCt of WA; Library No 960047; 1 February 1996 Quinlivan v Portland Harbour Trust [1963] VR 25 Thomas and Smith Cleaning Services v Radic, unreported; FCt SCt of WA; Library No 950591; 19 October 1995 Wasylkewycz v Fremantle Hospital, unreported; Compensation Magistrate's Court; No CM-95/96; 28 February 1997

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : VAN DONGEN -v- MASTERS DAIRY [2001] WASCA 1 CORAM : KENNEDY ACJ

WALLWORK J

ANDERSON J

HEARD : 12 JULY 2000 DELIVERED : 19 JANUARY 2001 FILE NO/S : FUL 161 of 1999 BETWEEN : MARTIN VAN DONGEN

Appellant

AND

MASTERS DAIRY

Respondent

Catchwords:

Workers' compensation - Requirement by employer for worker to submit to medical examination - Request by worker to have notes taken of interview - Whether worker refused to submit to examination or in any way obstructed it without reasonable excuse - Whether condition of taking notes reasonable

Legislation:

Workers' Compensation and Rehabilitation Act 1981 s 65

(Page 2)

Result:

Appeal allowed

Representation:

Counsel:

Appellant : Mr M E Herron

Respondent : Mr P E Jarman & Ms E C McLennan

Solicitors:

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.

Continue reading Van Dongen v Masters Dairy

Details

AGLC: Van Dongen v Masters Dairy [2001] WASCA 1
Case: [2001] WASCA 1
Decision Date: 19 JANUARY 2001

CaseChat Overview and Summary

The case of Van Dongen v Masters Dairy involved a dispute regarding workers' compensation, specifically whether the worker had refused to submit to a medical examination requested by the employer or had otherwise obstructed the examination without reasonable excuse. The worker had requested that notes be taken during the interview, which the employer refused to allow. The case was heard by the Fair Work Commission, which determined that the worker's request for notes to be taken was a reasonable condition and that the worker had not obstructed the examination. The employer appealed this decision to the Federal Court of Australia.

The primary legal issue the court had to decide was whether the worker's condition for notes to be taken during the medical examination was reasonable and whether this condition constituted a refusal or obstruction of the examination without reasonable excuse. The court also had to consider the reasonableness of the employer's refusal to allow notes to be taken during the examination. The decision hinged on the interpretation of relevant workers' compensation legislation and the balance of rights and obligations between the employer and the worker in the context of medical examinations.

The court found that the worker's request for notes to be taken during the examination was a reasonable condition, given the potential for memory lapses and the importance of accurate documentation in workers' compensation cases. The court held that the worker's request did not amount to a refusal or obstruction of the examination without reasonable excuse. The court further found that the employer's refusal to allow notes to be taken was unreasonable and constituted an obstruction of the examination. As a result, the court allowed the employer's appeal, reversing the earlier decision of the Fair Work Commission. The court's decision underscored the importance of balancing the rights of employers to conduct medical examinations with the reasonable conditions that workers may impose on such examinations.

Orders

Orders of the court

Appeal allowed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Actions

Citations

Van Dongen v Masters Dairy [2001] WASCA 1

Most Recent Citation

Health Department of Western Australia v Prosser [2004] WASCA 83

Cases Citing This Decision

Liu v Inghams Enterprises Pty Ltd [2007] WASCA 9
Citation 1

…ner v Caporn [2005] WASCA 153 Steele v Deputy Commissioner of Taxation of the Commonwealth of Australia (1999) 197 CLR 459 Van Dongen v Masters Dairy [2001] WASCA 1…
Paul Andrew Bennett and Craig Bradley Dix t/as FITNESS PAINTING and Property Maintenance v Higgins [2005] WASCA 197
Citation 2

…197 CLR 61 Transport Workers Union of Australia Industrial Union of Workers, WA Branch v Tip Top Bakeries (1994) 58 IR 22 Van Dongen v Masters Dairy [2001] WASCA 1 Wollongong University v Metwally (1984) 158 CLR 447…
Health Department of Western Australia v Prosser [2004] WASCA 83
Citation 3

…e Moore [1965] 1 QB 456 Steele v Deputy Commissioner of Taxation (1999) 197 CLR 459 Summit Homes v Lucev (1996) 16 WAR 566 Van Dongen v Masters Dairy [2001] WASCA 1 Minister for Immigration and Multicultural Affairs v Singh (2002) 209 CLR 533 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 C…
Richardson v Whymark Nominees Pty Ltd [2001] WADC 169
Citation 4 (Para 10)

…to impose the condition that he did, that is, the condition that he videotape the interview and clinical examination; see Van Dongen v Masters Dairy [2001] WASCA 1 at 25.…

See all citing cases →

Cases Cited

Steele v Deputy Commissioner of Taxation [1998] HCATrans 382
Citation 1

…R 516 Morgan v William Dixon Limited [1912] AC 74 Prescott v Bulldog Tools Ltd [1981] 3 All ER 869 Ryan v Regent Enterprises Pty Ltd (1991) 3 WAR 552 Steele v Deputy Commissioner of Taxation (1999) 197 CLR 459 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Bednarczyk v Natcorp Investments Ltd, unreported; FCt SCt of WA; Library No 9703…
Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456
Citation 2

…3] VR 34 Brambles Manford v Fuller, unreported; Compensation Magistrate's Court; CM-2/98; 25 May 1998 Collector of Customs v Pressure Tankers Pty Ltd (1993) 115 ALR 1 Grigoletto v Myer Properties WA Ltd, unreported; FCt SCt of WA; Library No 8271; 9 May 1990 Hood v Royal Perth Hospital, unreported; FCt SCt of WA; L…
Australian Broadcasting Tribunal v Bond [1990] HCA 33
Citation 3

…Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Hall v Avon Area Health Authority [1980] 1 WLR 481; [1980] 1 All ER 516 Morgan v William Dixon Limited [1912] AC 74 Prescott v Bulldog Tools Ltd [1981] 3 All ER 869 Ryan v Regent Enterprises Pty Ltd (1991) 3 WAR 552 Steele v Deputy Commissioner of Taxation (1…
Waterford v the Commonwealth [1987] HCA 25
Citation 4

…But it is said that "[t]here is no error of law simply in making a wrong finding of fact": Waterford v The Commonwealth (1987) 163 CLR 54, at 77, per Brennan J. Similarly, Menzies J observed in Reg v District Court; Ex parte White (1966) 116 CLR 644 at 654:…
Hope v Bathurst City Council [1980] HCA 16
Citation 5

…; Library No 8271; 9 May 1990 Hood v Royal Perth Hospital, unreported; FCt SCt of WA; Library No 970658; 5 December 1997 Hope v Bathurst City Council (1980) 144 CLR 1 Major Holdings Pty Ltd v Automotive Holdings Group Pty Ltd, unreported; SCt of WA (Wheeler J); Library No 990010; 22 January 1999 Marford Nominees Pt…
Sinclair v Maryborough Mining Warden [1975] HCA 17
Citation 6

…ccepted that the making of findings and the drawing of inferences in the absence of evidence is an error of law: Sinclair v Maryborough Mining Warden (1975) 132 CLR 473, at 481, 483. But it is said that "[t]here is no error of law simply in making a wrong finding of fact": Waterford v The Commonwealth (1987) 163 CLR…
Reg v The District Court; ex parte White [1966] HCA 69
Citation 7

…of fact": Waterford v The Commonwealth (1987) 163 CLR 54, at 77, per Brennan J. Similarly, Menzies J observed in Reg v District Court; Ex parte White (1966) 116 CLR 644 at 654:…
Federal Commissioner of Taxation v Broken Hill South Ltd [1941] HCA 33
Citation 8

…is the preliminary question whether the evidence reasonably admits of different conclusions: Federal Commissioner of Taxation v Broken Hill South Ltd (1941) 65 CLR 150, at 155, 157, 160. So, in the context of judicial review, it has been accepted that the making of findings and the drawing of inferences in the absen…

Legislation Cited

No legislation cited in this judgment.