Sharma v Victorian WorkCover Authority

[2012] VSCA 254

Victorian Court of Appeal

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Catchwords

1. Bankruptcy
2. › Property of bankrupt
3. › Actions by bankrupt
4. › Action commenced before bankruptcy
5. › Stay of proceedings
6. › Exception for personal injury
7. › Whether statutory reimbursement claim under workers' compensation legislation is 'in respect of personal injury or wrong done to the bankrupt'
8. › Whether counterclaim for underpayment of compensation is 'in respect of personal injury'
9. › Whether appeal is divisible
10. › Bankruptcy Act 1966 (Cth), ss 60(2), 60(4)
1. Bankruptcy
2. › Standing of bankrupt
3. › Appeal from judgment debt
4. › Whether bankrupt has locus standi to appeal judgment creating provable debt
5. › Bankruptcy Act 1966 (Cth), ss 58, 60(2), 82(1), 116(2)(g)(i)
1. Workers' Compensation
2. › Accident Compensation Act 1985 (Vic)
3. › Reimbursement of compensation paid
4. › Recovery from worker who obtains damages outside Victoria
5. › Accident Compensation Act 1985 (Vic), s 85(6)

Quick Take

A statutory reimbursement claim by a workers' compensation authority under s 85(6) of the Accident Compensation Act 1985 (Vic) is not an action 'in respect of personal injury or wrong done to the bankrupt' within s 60(4) of the Bankruptcy Act 1966 (Cth), even though the underlying entitlement arose from personal injury. However, a counterclaim for underpayment of workers' compensation benefits is within the personal injury exception. Where an appeal encompasses both types of claims, the appeal is divisible and the bankrupt may continue the personal injury component.