CIVIL & CIVIC LIMITED v BREARTON [1993] NSWCA 59

CIVIL & CIVIC LIMITED v BREARTON [1993] NSWCA 59

Section 14 of the Workers' Compensation Act (NT) does not operate to treat a principal as an employer for the purposes of the limitation contained in s 23(3A) in proceedings for common law damages unless compensation is claimed from the principal; thus, s 23(3A) does not bar a claim against the appellant principal in New South Wales and, in any event, s 23 of the Act is procedural and does not apply in New South Wales.

Parties
Plaintiff/respondent: Peter Brearton; Defendant/appellant: Civil & Civic Limited; Employer/original Defendant: R W Bass Pty Ltd
Jurisdiction
Australia
Judgment Date
29 April 1993
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Liability of Principal in Workers' Compensation, Interpretation of Statutory Provisions, Application of Limitation Periods, Choice of Law
Tort Law Workers' Compensation Conflict of Laws Liability of Principal in Workers' Compensation Interpretation of Statutory Provisions Application of Limitation Periods Choice of Law

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Parties

Peter Brearton

Plaintiff/respondent

Civil & Civic Limited

Defendant/appellant

R W Bass Pty Ltd

Employer/original Defendant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether s 23(3A) of the Workers' Compensation Act (NT) applies to and bars a common law claim against a principal (not the immediate employer) in New South Wales
  2. 2 Whether s 14 of the Act deems the principal to be the employer for purposes of s 23
  3. 3 Whether s 23 of the Act is a substantive or procedural provision for the purposes of its application outside the Northern Territory

Ratio Decidendi

Section 14 of the Workers' Compensation Act (NT) does not operate to treat a principal as an employer for the purposes of the limitation contained in s 23(3A) in proceedings for common law damages unless compensation is claimed from the principal; thus, s 23(3A) does not bar a claim against the appellant principal in New South Wales and, in any event, s 23 of the Act is procedural and does not apply in New South Wales.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs.