LEO N DUNN & SONS PTY LTD v McPHILLAMY [2000] NSWCA 343

LEO N DUNN & SONS PTY LTD v McPHILLAMY [2000] NSWCA 343

The claim was for injury arising out of the nature and conditions of employment, not from a motor accident as contemplated by Part 5 of the Motor Accidents Act 1988. Therefore, it did not fall within the meaning of s151D(4) Workers Compensation Act 1987, and leave under s151D(2) was required.

Parties
Claimant/appellant: LEO N DUNN & SONS PTY LTD; Opponent/respondent: Paul Robert McPHILLAMY
Jurisdiction
Australia
Judgment Date
13 November 2000
Procedural Posture
Appeal / Judgment on Appeal From District Court
Outcome
Appeal dismissed with costs
Legal Topics
Limitation Period, Definition of Claim, Leave to Commence Proceedings, Use or Operation of Vehicle
Workers Compensation Motor Accidents Limitation Period Definition of Claim Leave to Commence Proceedings Use or Operation of Vehicle

Case Brief

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Parties

LEO N DUNN & SONS PTY LTD

Claimant/appellant

Paul Robert McPHILLAMY

Opponent/respondent

Procedural Posture

Appeal / Judgment on Appeal From District Court

Legal Issues

  1. 1 Whether the claim falls within the meaning of Part 5 of the Motor Accidents Act 1988 so as to exclude the requirement for leave under s151D(2) Workers Compensation Act 1987
  2. 2 Whether the injury arose from a motor accident or from the nature and conditions of employment
  3. 3 Interpretation of 'claim' under s40(1) Motor Accidents Act and s151D(4) Workers Compensation Act

Ratio Decidendi

The claim was for injury arising out of the nature and conditions of employment, not from a motor accident as contemplated by Part 5 of the Motor Accidents Act 1988. Therefore, it did not fall within the meaning of s151D(4) Workers Compensation Act 1987, and leave under s151D(2) was required.

Court Disposition

Appeal dismissed with costs

Orders

  • Leave to appeal granted; appeal dismissed with costs