Watkin v GRM International Pty Ltd

SUPREME COURT OF QUEENSLAND

CITATION:

Watkin v GRM International P/L [2006] QCA 382

PARTIES:

ANTHONY VAUGHN WATKIN
(applicant/respondent)
v
GRM INTERNATIONAL PTY LTD ACN 010 020 201
(respondent/appellant)

FILE NO/S:

Appeal No 3815 of 2006
SC No 1341 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

29 September 2006

DELIVERED AT:

Brisbane

HEARING DATE:

8 September 2006

JUDGES:

McMurdo P, Keane JA and Cullinane J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

Appeal allowed1.   

Orders below are set aside and the respondent's application is dismissed with costs2.   

CATCHWORDS:

WORKERS' COMPENSATION - ALTERNATIVE RIGHTS AGAINST EMPLOYER AND THIRD PARTIES - respondent was resident of Queensland employed by appellant - contract of employment governed by laws of Queensland - respondent's services were provided by the appellant to prison in the Solomon Islands - respondent suffered personal injuries in the course of employment - application for compensation rejected - respondent sought to claim for damages pursuant to Personal Injuries Proceedings Act 2002 (Qld) - whether the respondent's substantive rights against the appellant, if any, have survived the operation of the Workers' Compensation and Rehabilitation Act 2003 (Qld)

Personal Injuries Proceedings Act 2002 (Qld), s 6(2)
Workers' Compensation and Rehabilitation Act 2003 (Qld), s 10, s 115, s 237

Glenco Manufacturing P/L v Ferrari & Anor [2005] QSC 005; [2005] 2 Qd R 129, cited
Hawthorne v Thiess Contractors P/L & Anor [2001] QCA 223; [2002] 2 Qd R 157, considered
Newberry v Suncorp Metway Insurance Ltd [2006] QCA 48; Appeal No 7137 of 2005, 3 March 2006, cited
Roberts v Australia and New Zealand Banking Group Ltd [2005] QCA 470; Appeal No 5639 of 2005, 16 December 2005, cited

COUNSEL:

D O J North SC, with S S Monks, for the appellant
R J Lynch for the respondent

SOLICITORS:

Minter Ellison - Gold Coast for the appellant
Gouldson Legal for the respondent

1. McMURDO P:  I agree with Keane JA.

1. KEANE JA:  The respondent was a resident of Queensland who was employed by the appellant as a prison officer.  The respondent's contract of employment with the appellant was governed by the laws of Queensland.  The respondent's services were provided by the appellant to the Rove Central Prison in the Solomon Islands.  In the course of this employment, the respondent suffered personal injuries. 

1. The respondent made an application for workers' compensation benefits ("compensation") under the Workers' Compensation and Rehabilitation Act 2003 (Qld) ("the WCRA"). That claim was rejected by his employer's insurer on the ground that the respondent was not entitled to be paid compensation because his injury was suffered in another country and Queensland was not his principal place of employment. The rejection was upheld by Q-Comp (the Workers' Compensation Regulatory Authority).

1. The respondent then sought to claim for damages for breach of duty against the appellant in respect of his injuries.  The respondent asserted this claim…