Court of Appeal (Qld)|2002-07-19|Before: McPherson and Williams JJA and Byrne JSeparate, reasons for judgment of each member of the Court, McPherson JA and Byrne J, concurring as to the orders made, Williams JA, dissenting
McPherson and Williams JJA and Byrne JSeparate, reasons for judgment of each member of the Court, McPherson JA and Byrne J, concurring as to the orders made, Williams JA
Catchwords
WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION
– PRELIMINARY REQUIREMENTS – NOTICE OF ACCIDENT
– EFFECT OF
INACCURACY IN OR FAILURE TO GIVE NOTICE – EXCUSES FOR FAILURE OR
Source
Original judgment source is linked above.
Catchwords
WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION– PRELIMINARY REQUIREMENTS – NOTICE OF ACCIDENT– EFFECT OFINACCURACY IN OR FAILURE TO GIVE NOTICE – EXCUSES FOR FAILURE ORINACCURACY – MISTAKE OR IGNORANCE– whether complying notice ofclaim given before expiry of limitation period – where the notice of claimfor damagesincluded “alleged” non- assessed shoulder pain –whether the inclusion of a non–assessed injury meant thatthe notice ofclaim for damages was not a “complying notice of claim” –whether the notice satisfied the requirementsof s. 280 WorkCover QueenslandAct 1996.STATUTES – ACTS OF PARLIAMENT - INTERPRETATION – INTERPRETATIONACTS AND CLAUSES – PARTICULAR ACTS AND ORDINANCES– QUEENSLAND– WorkCover Queensland Act 1996 – where the limitation periodexpired without the institution of proceedings – where there is provision
under the WorkCover Queensland Act 1996 for the institution of
proceedings after the expiration of the limitation period, if a declaration is
obtained that the notice
of claim for damages had been given in accordance with
s. 280 – where such a declaration is refused – whether the
disclosure
obligation is confined to “assessed” injuries –
whether, even if the notice complies with s. 280, WorkCover’s
decision is
beyond curial examination.
Anagnostou v Woolworths Limited [2000] QSC 160
[2001] 2 Qd R 1, considered
Booker v State Rail Authority of NSW (No 2) (1993) 31 NSWLR 402,
citedBonser v Melnacis [2002] 1 Qd R 1, distinguishedCanning v
Brisbane City Council [2000] QSC 149
[2001] 2 Qd R 16, citedCooper Brookes
(Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297,
citedConway v WorkCover [2000] QSC 406, citedDay v State of
Queensland [2000] QSC 401, citedDurham Holdings Pty Ltd v New South
Wales [1999] NSWCA 324
(1999) 47 NSWLR 340, citedHorinack v Suncorp Metway Insurance
Limited [2000] QCA 441
[2001] 2 Qd R 266, citedRe Lankheet [1999] QSC 51,
consideredLiversidge v Anderson [1941] UKHL 1
[1942] AC 206, not
consideredMcKelvie v Page [1999] 2 Qd R 259, not followedRe
Patterson
ex parte Taylor (2001) 75 ALJR 1439, not consideredProject
Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28
(1998) 194 CLR 355,
consideredRe Robinson [1999] QSC 11, consideredSteley v
WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - PRELIMINARY REQUIREMENTS - NOTICE OF ACCIDENT - EFFECT OF INACCURACY IN OR FAILURE TO GIVE NOTICE - EXCUSES FOR FAILURE OR INACCURACY - MISTAKE OR IGNORANCE - whether complying notice of claim given before expiry of limitation period - where the notice of claim for damages included "alleged" non- assessed shoulder pain - whether the inclusion of a non-assessed injury meant that the notice of claim for damages was not a "complying notice of claim" - whether the notice satisfied the requirements of s. 280 WorkCover Queensland Act 1996. STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - INTERPRETATION ACTS AND CLAUSES - PARTICULAR ACTS AND ORDINANCES - QUEENSLAND - WorkCover Queensland Act 1996 - where the limitation period expired without the institution of proceedings - where there is provision under the W_orkCover Queensland Act_ 1996 for the institution of proceedings after the expiration of the limitation period, if a declaration is obtained that the notice of claim for damages had been given in accordance with s. 280 - where such a declaration is refused - whether the disclosure obligation is confined to "assessed" injuries - whether, even if the notice complies with s. 280, WorkCover's decision is beyond curial examination. Anagnostou v Woolworths Limited[2000] QSC 160; [2001] 2 Qd R 1, considered