HIGH COURT OF AUSTRALIA
GLEESON CJ,
GUMMOW, KIRBY, HAYNE AND CALLINAN JJVICTORIAN WORKCOVER AUTHORITY & ANOR APPELLANTS
AND
ESSO AUSTRALIA LTD RESPONDENT
Victorian WorkCover Authority v Esso Australia Ltd [2001] HCA 53
13 September 2001
M101/2000ORDER
1.Appeal allowed with costs.
2.Set aside order of the Court of Appeal of the Supreme Court of Victoria.
3.Matter remitted for consideration by the Court of Appeal of the Supreme Court of Victoria, consistently with the reasons of this Court, of any remaining grounds of appeal.
On appeal from the Supreme Court of Victoria
Representation:
R P Gorton QC with M F Wheelahan for the appellants (instructed by Wisewoulds)
A G Uren QC with G A Lewis for the respondent (instructed by Middletons Moore & Bevins)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
The first appellant is the Victorian WorkCover Authority ("the Authority") which was established as a body corporate by s 18 of the Accident Compensation Act 1985 (Vic) ("the Compensation Act"). By force of s 64(1) of the Accident Compensation (WorkCover) Act 1992 (Vic), which came into force on 1 December 1992, the Authority is the successor in law of the Accident Compensation Commission ("the Commission"), whose property, rights and assets vested in the Authority and whose liabilities became liabilities of the Authority. At various times and pursuant to the Compensation Act, the Authority, its predecessor, the Commission, and the second appellant, FAI Workers' Compensation (Vic) Pty Ltd ("FAI"), made payments to Mr Kazimer Wsol in respect of a back injury he sustained in 1989.
Mr Wsol sustained his injury whilst he was an employee of AFCO Industrial Services Group Pty Ltd ("AFCO"). That company, since in liquidation, had been engaged by the respondent, Esso Australia Ltd ("Esso"), to provide, among other things, the services of its employees to perform a variety of tasks on the oil platform in Bass Strait which was known as Kingfish West Oil Platform and was occupied by Esso. Mr Wsol worked on the platform pursuant to that arrangement. He injured his back on 10 January 1989, his condition deteriorated and he has not worked since September of that year.
In the period to 30 June 1993, compensation payments, the total of which was in the order of $115,000, were made by the Authority (after 1 December 1992) and its predecessor (before 1 December 1992). FAI was the authorised insurer of AFCO and liable to pay compensation to Mr Wsol pursuant to the provisions of the Compensation Act. In the period from 1 July 1993 to 22 October 1998, a week before the commencement of the trial in the Supreme Court of Victoria, FAI made compensation payments, the total of which was in the order of $220,000.
The trial and the appeal
The trial was of an action commenced by the Authority and FAI in 1995. By the Amended Statement of Claim filed on 26 May 1998,…
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- Case
- [2001] HCA 53
- Decision Date
CaseChat Overview and Summary
The central legal issue before the High Court was whether a proceeding to establish an employer's or insurer's entitlement to indemnification under section 138 of the *Accident Compensation Act 1985* (Vic) constituted a "proceeding for the recovery of debt or damages" within the meaning of section 60(1) of the *Supreme Court Act 1986* (Vic). The Court of Appeal had held that such proceedings were for the recovery of a statutory indemnity, not for debt or damages, and therefore section 60(1) did not apply.
The High Court allowed the appeal, holding that the reasoning in English decisions concerning the construction of similar legislation was applicable. The Court concluded that section 60(1) should be construed broadly to encompass any proceeding in which a claim for money is made, as distinct from claims for purely declaratory or specific forms of equitable relief. The Court reasoned that the phrase "any proceeding for the recovery of debt or damages" should be understood as a composite expression covering claims for money, and the fact that additional relief, such as a declaration, was sought did not remove the money claim from the operation of section 60(1).
Consequently, the High Court set aside the order of the Court of Appeal and remitted the matter for consideration of any remaining grounds of appeal, consistent with the High Court's reasons. This outcome meant that VWA and FAI were entitled to pursue their claims for interest awarded at trial.
Orders
Orders of the court
1. Appeal allowed with costs.
2. Set aside order of the Court of Appeal of the Supreme Court of Victoria.
3. Matter remitted for consideration by the Court of Appeal of the Supreme Court of Victoria, consistently with the reasons of this Court, of any remaining grounds of appeal.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: GLEESON CJ, GUMMOW, HAYNE AND CALLINAN JJ, KIRBY J
Full text does not contain this section.