Sydney Ports Corporation v Collins;National Direct Imaging Pty Ltd v Lamy

(2003) 56 NSWLR 232; [2003] NSWCA 28

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers' Compensation
2. › Common law damages
3. › Condition precedent to commencement of proceedings
4. › Six-month waiting period
5. › Exception — denial of all liability
6. › Whether denial must be unequivocal
7. › Whether assessed objectively or subjectively
8. › Whether silence or equivocation constitutes denial
9. › Workers' Compensation Act 1987 (NSW), s 151C(2)(a)
1. Workers' Compensation
2. › Common law damages
3. › Condition precedent to commencement of proceedings
4. › Six-month waiting period
5. › Exception — partial admission of liability
6. › Whether payment of statutory workers' compensation constitutes partial admission
7. › Whether 'liability' in s 151C(2) refers to common law liability or statutory liability
8. › Workers' Compensation Act 1987 (NSW), s 151C(2)(b)
1. Practice and Procedure
2. › Striking out statement of claim
3. › Summary dismissal
4. › Whether proceedings validly commenced
5. › Non-compliance with statutory condition precedent
6. › General Steel Industries test

Quick Take

A denial of liability under s 151C(2)(a) must be unequivocal and is assessed objectively; silence, equivocation, or failure to volunteer liability is insufficient. Payment of statutory workers' compensation does not constitute a partial admission of liability under s 151C(2)(b), because 'liability' in s 151C(2) refers exclusively to liability for modified common law damages. 'Partial liability' in s 151C(2)(b) refers to acceptance of liability subject to a dispute about apportionment (such as contributory negligence), not to admission of constituent facts of a cause of action.