Legal Research
Cases
Worth v Loongana Lime Pty Ltd

Worth v Loongana Lime Pty Ltd

Link copied

Case Copied 15 June 2005 27 min read

Contents

On this page

WORTH -v- LOONGANA LIME PTY LTD [2005] WASC 126

Link to Appeal :

[2006] WASCA 183

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2005] WASC 126
Case No:	CIV:2181/2004	Heard:	30 MARCH 2005
Coram:	BLAXELL J	Delivered:	15/06/05
No of pages:	19	Judgment Part:	1 of 1
Result:	Declaration that employer not entitled to indemnity
Category:	B
PDF Version

Parties:	BRETT NORMAN WORTH LOONGANA LIME PTY LTD (079 943 196)
Catchwords:	Workers' compensation Employer's right of indemnity Workers' compensation paid to worker for injuries received in aircraft accident No negligence by employer Damages recovered by worker from carrier pursuant to Civil Aviation (Carriers' Liability) Act 1961 (WA) by way of settlement out of court Whether carrier required to indemnify employer for workers' compensation payments Statutory interpretation Workers' Compensation and Rehabilitation Act 1981 (WA), s 93 Whether employer entitled to be indemnified from damages recovered under a noncommon law claim
Legislation:	Civil Aviation (Carriers' Liability) Act 1959 (Cth), s 28, s 31, s 36, s 37 Civil Aviation (Carriers' Liability) Act 1961 (WA), s 5, s 6, s 8 Interpretation Act 1984 (WA), s 18, s 19 Rules of the Supreme Court, O 58 r 11 Workers' Compensation and Rehabilitation Act 1981 (WA), s 91, s 92, s 93
Case References:	Sidhu & Adnett v British Airways plc (1997) AC 431 South Pacific Air Motive Pty Ltd v Magnus (1998) 157 ALR 443 Westralian Caterers Pty Ltd v Eastment Ltd (1992) 8 WAR 139 Ackbar v CF Green & Co Ltd [1975] QB 582 Ardeshirian v Robe River Iron Associates (1993) 43 FCR 475 Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 Bradburn v Great Western Railway (1874) LR10Exch 1 Butler v Johnston, Guild & Somes (1984) 4 FCR 83 Clever Management Pty Ltd & Ors v Bergh & Anor, unreported; SCt of WA; Library No 960593; 11 October 1996 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 Cork & Brandon Railway Co v Goode (1853) 13 CB 826 Dossett v TKJ Nominees Pty Ltd [2993] HCA 69; (2003) 202 ALR 428 Hewitt v Benale Pty Ltd; WMC Resources Ltd v Koljibabic (2002) 27 WAR 91 Hope v Bathurst City Council (1980) 144 CLR 1 Jones v Bartlett (2000) 205 CLR 166 Khoury v Government Insurance Office (NSW) (1984) 165 CLR 622 Lightbody v Fluor Australia Pty Ltd (1988) Aust Torts Rep 80-204 Manners v Transfield Pty Ltd (1992) 8 WAR 111 March v E & MH Stramare Pty Ltd (1991) 171 CLR 506 Maunsell v Olins (1975) AC 373 McGahie v Union of Shop Distributive & Allied Workers [1966] SLT 74 Muller v Dalgety & Co Ltd (1909) 9 CLR 693 National Insurance Co of New Zealand Ltd v Espagne (1961) 105 CLR 569 Nikolaou v Papasavas Phillips & Co (1988) VR 682 Nottingham v BHB Engineering Pty Ltd (1984) WAR 25 Public Transport Commission (NSW) v J Murray-More (NSW) Pty Ltd (1975) 132 CLR 336 R v Kerney; Ex parte Jurlama (1984) 158…

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.

Keep reading for free

Create a free CaseChat account to read Worth v Loongana Lime Pty Ltd and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2005] WASC 126
Decision Date

CaseChat Overview and Summary

The case of Worth v Loongana Lime Pty Ltd [2005] WASC 126 involved a dispute between Brett Norman Worth, the plaintiff, and Loongana Lime Pty Ltd, the defendant, over the employer's right of indemnity for workers' compensation payments made to the plaintiff for injuries sustained in an aircraft accident. The plaintiff had recovered damages from the carrier, Trevlyn Pty Ltd (trading as Goldfields Air Services), pursuant to the Civil Aviation (Carriers' Liability) Act 1961 (WA) and the Civil Aviation (Carriers' Liability) Act 1959 (Cth). The defendant sought to be indemnified by the carrier for the workers' compensation payments made under the Workers' Compensation and Rehabilitation Act 1981 (WA). The court had to determine whether the employer had a right of indemnity under s 93 of the WCR Act when the damages were recovered on a non-common law basis and without any finding of negligence against the person liable for the same. The court considered the legislative history and the underlying objects of the relevant provisions of the WCR Act, ultimately concluding that the employer had no right of indemnity against the carrier in respect of the compensation it had paid to the plaintiff. This decision was based on the fact that the indemnity provision in s 93(1)(b) of the WCR Act referred to a disability caused under circumstances creating a legal liability in negligence in some person other than the employer to pay damages, and that in this case, there was no finding or assumption of negligence by the carrier.

Orders