Northern Sydney Local Health District v Amaca Pty Ltd (under NSW administered winding up) [2017] NSWCA 251

Northern Sydney Local Health District v Amaca Pty Ltd (under NSW administered winding up) [2017] NSWCA 251

The agreement between WorkCover Queensland and the plaintiff permitting retention of 20% of damages was a contractual entitlement and not an award of common law damages. This payment did not constitute double compensation, and Amaca was entitled to recover contribution from the other tortfeasors. The appeal was dismissed because the appellants' liability was not negated by the agreement, nor was WorkCover prevented from waiving its statutory charge on damages recovered.

Parties
First Appellant: Northern Sydney Local Health District; Second Appellant: Hunter and New England Local Health District; First Respondent: Amaca Pty Ltd; Second Respondent: WorkCover Queensland
Jurisdiction
Australia
Judgment Date
10 October 2017
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Apportionment of Damages, Double Compensation, Statutory Charge, Contribution Between Tortfeasors, Settlement Agreements
Tort Law Workers Compensation Contract Law Civil Procedure Apportionment of Damages Double Compensation Statutory Charge Contribution Between Tortfeasors +1 more

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Parties

Northern Sydney Local Health District

First Appellant

Hunter and New England Local Health District

Second Appellant

Amaca Pty Ltd

First Respondent

WorkCover Queensland

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether contribution should be paid under s 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) in circumstances where settlement may result in double compensation
  2. 2 Whether s 207B of the Workers' Compensation and Rehabilitation Act 2003 (Qld) permits an agreement allowing a worker to retain all or part of damages where statutory compensation has been received

Ratio Decidendi

The agreement between WorkCover Queensland and the plaintiff permitting retention of 20% of damages was a contractual entitlement and not an award of common law damages. This payment did not constitute double compensation, and Amaca was entitled to recover contribution from the other tortfeasors. The appeal was dismissed because the appellants' liability was not negated by the agreement, nor was WorkCover prevented from waiving its statutory charge on damages recovered.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order that the appellants pay the costs of the first respondent