Yates Bros (Stratford) Pty Ltd v Neil

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CITATION: Yates Bros v Neil and Anor [1999] NSWCA 108
FILE NUMBER(S): CA 40329/98
HEARING DATE(S): 12 April 1999
JUDGMENT DATE:
12 April 1999

PARTIES :


YATES BROS (STRATFORD) PTY LTD v WILLIAM GEORGE NEIL & ANOR
JUDGMENT OF: Mason P at 17; Handley JA at 1; Stein JA at 18
LOWER COURT JURISDICTION: Compensation Court
LOWER COURT FILE NUMBER(S) : 1902/97
LOWER COURT JUDICIAL OFFICER: Walker CCJ
COUNSEL: M J Cranitch SC (Appellant)
J T Kearney (Respondent 1)
R I Harrington (Respondent 2)
SOLICITORS: Rankin & Nathan Newcastle (Appellant)
Moroney Rutter & Mantach Newcastle (Respondent 1) Sparke Helmore Newcastle (Respondent 2)
CATCHWORDS: WORKERS' COMPENSATION - Workers Compensation Act 1987 - s 15 - disease of gradual onset - whether apportionment under s 22 available for injuries under s 15
ACTS CITED: Workers Compensation Act 1987
CASES CITED:
MLC Insurance Ltd v Pinto (1994) 10 NSW CCR 101
DECISION: Dismissed with costs

      THE SUPREME COURT
      OF NEW SOUTH WALES
      COURT OF APPEAL
      CA 40329/98
      1902/97
MASON P
HANDLEY JA
STEIN JA

      Monday 12 April 1999

      YATES BROS (STRATFORD) PTY LTD v WILLIAM GEORGE NEIL & ANOR


      WORKERS’ COMPENSATION - Workers Compensation Act 1987 - s 15 - disease of gradual onset - whether apportionment under s 22 available for injuries under s 15
      The respondent worker was employed in the timber industry by two consecutive employers from 1959 to 1996. He suffered an injury to his right knee in 1969 and an injury to his left leg in 1973 which required amputation and the fitting of a prosthesis. The trial Judge found that the worker had developed degenerative arthritis in his right knee which fell within s 15. Accordingly the compensation was payable by the last employer, the appellant. The trial Judge refused an apportionment under s 22 against the first employer. The appellant claimed that a case for apportionment under s 22 was made out.
      HELD : dismissing the appeal: (1) The appellant’s submission that the 1969 and 1973 injuries were distinct injuries that were partly the cause of the worker’s incapacity and this warranted an apportionment under s 22 was contrary to the Judge’s findings of fact. (2) There can be no apportionment under s 22 for injuries under s 15, which is a special provision dealing exclusively with the injuries which fall within its terms. MLC Insurance Ltd v Pinto (1994) 10 NSW CCR 101 applied. (3) The left leg injury was indirectly causative of the right knee injury and not part of it. This brought it wholly within s 15 and excluded an apportionment under s 22.
      ORDERS
      Appeal dismissed with costs.
      THE SUPREME COURT
      OF NEW SOUTH WALES
      COURT OF APPEAL
      CA 40329/98
      1902/97
MASON P
HANDLEY JA
STEIN JA

      Monday 12 April 1999
      YATES BROS (STRATFORD) PTY LTD v WILLIAM GEORGE NEIL & ANOR
      JUDGMENT
1 HANDLEY JA: This is an appeal from the Compensation Court limited to questions of law.
2 The worker was employed in the timber industry from 1959 to 1996.…
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Details
Case
[1999] NSWCA 108
Decision Date

CaseChat Overview and Summary

Yates Bros (Stratford) Pty Ltd appealed to the New South Court of Appeal against a decision of the Workers Compensation Commission. The appeal concerned a claim for workers' compensation by Mr Neil for a disease of gradual onset.

The primary legal issue before the Court of Appeal was whether the employer could seek an apportionment of liability under section 22 of the *Workers Compensation Act 1987* (NSW) in relation to a claim for a disease of gradual onset, which falls under section 15 of the same Act.

The Court of Appeal held that section 22, which permits apportionment of liability between employers where an injury is found to be due to the nature of employment with more than one employer, does not apply to diseases of gradual onset under section 15. The Court reasoned that section 15 deals with the specific circumstances of gradual onset diseases and does not incorporate the apportionment provisions of section 22. The appeal was therefore dismissed.

Orders

Orders of the court

Dismissed with costs

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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