Wilson v State Rail Authority of New South Wales

(2010) 78 NSWLR 704; [2010] NSWCA 198

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers Compensation
2. › Entitlement to compensation
3. › Claim for damages at common law
4. › Injury received prior to 30 June 1987
5. › Whether Part 5 of Workers Compensation Act 1987 (NSW) applies
6. › Whether Chapter 7 of Workplace Injury Management and Workers Compensation Act 1998 (NSW) requires demonstration of 15% permanent impairment
7. › Workers Compensation Act 1987 (NSW), ss 151G, 151H, 151U, Sch 6 Pt 14
8. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 250, 251, 259
1. Statutory Interpretation
2. › Workers compensation legislation
3. › Effect of 2001 amendments
4. › Definition of 'work injury damages'
5. › Whether definition extends to injuries received before 30 June 1987
6. › Context and purpose of amending legislation
7. › Mischief to which amendments directed
8. › Workers Compensation Legislation Amendment Act 2001 (NSW)
9. › Workers Compensation Legislation Further Amendment Act 2001 (NSW)
1. Statutory Interpretation
2. › Presumption against interference with common law rights
3. › Very clear legislative intent required to take away common law rights
4. › Whether indirect amendment of substantive rights by procedural provisions
5. › Workers Compensation Act 1987 (NSW), s 151U
1. Practice and Procedure
2. › Precedent
3. › Court of Appeal departing from its own earlier decision
4. › Whether Attileh v State Rail Authority of New South Wales [2005] NSWCA 64 plainly wrong
5. › Whether should be departed from

Quick Take

The definition of 'work injury damages' in s 250 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) is limited to injuries received at or after 4pm on 30 June 1987. Common law claims for damages arising from workplace injuries received before that date are not subject to the 15% permanent impairment threshold in s 151H of the Workers Compensation Act 1987 (NSW) or the procedural requirements of Chapter 7 of the WIM Act. The earlier decision in Attileh v SRA [2005] NSWCA 64 is no longer to be followed on this point.