State of NSW v Wenham [2016] NSWCA 336

State of NSW v Wenham [2016] NSWCA 336

The employer was entitled to rely on the blameless motor accident provisions of the Motor Accidents Compensation Act 1999 (NSW) in its s 151Z(1)(d) indemnity claim. Section 151Z(1) requires a liability in a person other than the employer to pay damages in respect of the injury, not actual fault or common law tort liability. Because the respondents conceded that the accident was a blameless motor accident and s 7B deemed the injury to have been caused by the fault of the owner or driver for purposes connected with a claim for damages, the respondents were persons liable to pay damages in respect of the same injury. The indemnity claim under s 151Z(1)(d) was sufficiently connected with that...

Jurisdiction
Australia
Judgment Date
05 December 2016
Procedural Posture
Civil Appeal Concerning Workers Compensation Indemnity and Motor Accident Liability / Application for Leave to Appeal and Appeal From District Court of NSW Decision on a Separate Question
Outcome
Application for leave to appeal granted; appeal allowed; District Court orders set aside; separate question answered Yes; respondents ordered to pay costs.
Legal Topics
['indemnity Under S 151 Z(1)(d) of the Workers Compensation Act 1987 (nsw)' 'blameless Motor Accident Provisions Under the Motor Accidents Compensation Act 1999 (nsw)' 'deemed Fault' 'liability to Pay Damages' 'recovery Against Employer and Stranger']
['workers Compensation' 'motor Accidents' 'statutory Construction' 'civil Procedure'] ['indemnity Under S 151 Z(1)(d) of the Workers Compensation Act 1987 (nsw)' 'blameless Motor Accident Provisions Under the Motor Accidents Compensation Act 1999 (nsw)' 'deemed Fault' 'liability to Pay Damages' 'recovery Against Employer and Stranger']

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Procedural Posture

Civil Appeal Concerning Workers Compensation Indemnity and Motor Accident Liability / Application for Leave to Appeal and Appeal From District Court of NSW Decision on a Separate Question

Legal Issues

  1. 1 ['Whether the employer was entitled, in an action under s 151Z(1)(d) of the Workers Compensation Act 1987 (NSW), to rely upon the blameless motor accident provisions of the Motor Accidents Compensation Act 1999 (NSW) (Part 1.2, Div 1).' 'Whether s 151Z(1)(d) requires the person liable to pay damages to be a wrongdoer or tortfeasor.' 'Whether liability deemed by s 7B of the Motor Accidents Compensation Act 1999 (NSW) is liability within the meaning of s 151Z(1) of the Workers Compensation Act 1987 (NSW).' 'Whether the words "for the purposes of and in connection with any claim for damages" in s 7B include the inquiry required for an indemnity claim under s 151Z(1)(d).']

Ratio Decidendi

The employer was entitled to rely on the blameless motor accident provisions of the Motor Accidents Compensation Act 1999 (NSW) in its s 151Z(1)(d) indemnity claim. Section 151Z(1) requires a liability in a person other than the employer to pay damages in respect of the injury, not actual fault or common law tort liability. Because the respondents conceded that the accident was a blameless motor accident and s 7B deemed the injury to have been caused by the fault of the owner or driver for purposes connected with a claim for damages, the respondents were persons liable to pay damages in respect of the same injury. The indemnity claim under s 151Z(1)(d) was sufficiently connected with that...

Court Disposition

Application for leave to appeal granted; appeal allowed; District Court orders set aside; separate question answered Yes; respondents ordered to pay costs.

Orders

  • ['Application for leave to appeal granted.' 'Notice of Appeal in the form at White Book 20 to be filed within seven days.' 'Appeal allowed.' "The respondents to pay the appellant's costs as agreed or assessed in this Court." 'Set aside orders of Elkaim DCJ made 15 March 2016 and instead order that the question of...