Allianz Australia Insurance Limited v Mercer

[2016] TASFC 2

Tasmania Full Court

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Interrogate

Catchwords

1. Limitation of Actions
2. › Limitation of particular actions
3. › Tort actions involving personal injuries
4. › Date of discoverability
5. › Meaning of 'sufficiently significant to warrant bringing proceedings'
6. › Whether involving medical or legal evaluation of merits
7. › Limitation Act 1974 (Tas), ss 2(1), 5A(3)(a)
1. Limitation of Actions
2. › Accrual of cause of action
3. › Personal injury
4. › Workers compensation
5. › Election to claim damages
6. › Whether cause of action accrues before degree of permanent impairment agreed or determined
7. › Workers Rehabilitation and Compensation Act 1988 (Tas), s 138AB(1), (2)
1. Limitation of Actions
2. › Date of discoverability
3. › Relationship to accrual of cause of action
4. › Whether date of discoverability can arise before cause of action accrues
5. › Limitation Act 1974 (Tas), s 5A
1. Workers Compensation
2. › Election to claim damages
3. › Agreement as to degree of permanent impairment
4. › Whether payment of lump sum under s 71 constitutes agreement for purpose of s 138AB(2)
5. › Whether assessment under s 72 required for agreement
6. › Workers Rehabilitation and Compensation Act 1988 (Tas), ss 71, 72, 138AB

Quick Take

The phrase 'sufficiently significant to warrant bringing proceedings' in s 2(1)(c) of the Limitation Act 1974 (Tas) involves a practical evaluation of the significance of the injury from the plaintiff's perspective, not a medical or legal evaluation of the merits of a potential claim. Section 5A of the Limitation Act only operates in respect of accrued causes of action, so the date of discoverability cannot arise before the cause of action accrues. Where s 138AB of the WRC Act applies, the cause of action does not accrue until the degree of permanent impairment is agreed or determined. Payment of a lump sum under s 71 does not, without more, constitute an agreement as to the degree of permanent impairment for the purpose of s 138AB(2).