Waite v Alcoa of Australia Limited
[2020] HCASL 102
WAITE
v
ALCOA OF AUSTRALIA LIMITED
[2020] HCASL 102
P11/2020
The applicant seeks special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Western Australia (Murphy, Pritchard and Vaughan JJA) refusing an application for leave to appeal on a question of law and otherwise dismissing an appeal from a judgment of the District Court of Western Australia (Troy DCJ) dismissing the applicant's appeal on a question of law from a decision of an arbitrator under the Workers' Compensation and Injury Management Act 1981 (WA) who dismissed the applicant's claim for workers' compensation because the applicant had not established that he had suffered a "personal injury by accident arising out of or in the course of the employment, or whilst the worker [was] acting under the employer's instructions" as required by that Act and, in any event, the applicant had claimed for but was unable to establish total incapacity, and he had not made or established any claim for partial incapacity.
The applicant identifies no question of principle that it would be in the interests of justice for this Court to consider and advances no arguable basis to doubt the correctness of the Court of Appeal's decision. An appeal to this Court would enjoy no prospect of success. Special leave should be refused.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.
G.A.A Nettle M.M Gordon 17 April 2020
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