Pearson v Connor

[2024] WASCA 49

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary judgment
3. › Application by defendant
4. › Whether defendant established good defence on the merits
5. › Whether clear that no real question to be tried
6. › Rules of the Supreme Court 1971 (WA), O 16 r 1
1. Workers' Compensation
2. › Safety, Rehabilitation and Compensation Act 1988 (Cth)
3. › Bar to common law proceedings
4. › Interpretation of s 44(1)(a)
5. › Whether action precluded against co-employee where licensed corporation would be liable vicariously or otherwise for damages
6. › Whether words 'or otherwise' encompass direct liability
7. › Interaction between s 44 and s 45
8. › Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 44, 45
1. Tort
2. › Vicarious liability
3. › Employer's vicarious liability for employee's negligence
4. › Whether employee acting in course or scope of employment
5. › Whether driving employer's vehicle in performance of employment duties
1. Tort
2. › Negligence
3. › Non-delegable duty of care
4. › Employer's duty to employees
5. › Duty to provide safe system of work and proper plant and equipment
6. › Whether employer directly liable for injury caused by negligent operation of employer's vehicle

Quick Take

Section 44(1)(a) of the SRC Act bars claims not only against the employer but also against co-employees where the employer would be vicariously or directly liable for employees injured in the course of employment with a licensed corporation, unless an election under s 45 is made before compensation is paid.