Glenco Manufacturing P/L v Ferrari & Anor

[2005] QSC 5

Supreme Court of Queensland

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Interrogate

Catchwords

1. Workers' Compensation
2. › Actions for damages against employer
3. › Statutory constraint on actions for damages
4. › Abolition of common law right
5. › Whether common law right extinguished where WorkCover found no 'injury'
6. › Whether Personal Injuries Proceedings Act 2002 revived abolished cause of action
7. › WorkCover Queensland Act 1996 (Qld), s 253
8. › Workers' Compensation and Rehabilitation Act 2003 (Qld), s 237
9. › Personal Injuries Proceedings Act 2002 (Qld), s 6
1. Estoppel
2. › Estoppel against statute
3. › Whether employer estopped from relying on statutory bar by responding to notices of claim
4. › Whether estoppel can make valid a transaction invalid by statute
1. Statutes
2. › Construction
3. › General and specific provisions
4. › Whether general provisions of later Act override specific provisions of earlier Act

Quick Take

A worker whose claim for compensation under the WorkCover Queensland Act 1996 is refused on the basis that employment was not a significant contributing factor to the injury cannot circumvent the abolition of common law damages under s 253 by invoking the procedures of the Personal Injuries Proceedings Act 2002. The general provisions of the Personal Injuries Proceedings Act do not override the specific abolition effected by the WorkCover Queensland Act. An employer's prior engagement with the Personal Injuries Proceedings Act procedures does not estop it from later relying on the statutory bar.