AMP WORKERS COMPENSATION SERVICES (NSW) LTD v WILLIAMS [1997] NSWCA 19
The appellant made a clear representation that the total payback for both claims was $48,661.27, which the respondent relied on to her detriment in settling her claims. The court applied the doctrine of estoppel to prevent the appellant from recovering more than the represented amount.
- Parties
- Appellant: AMP Workers Compensation Services (NSW) Ltd; Respondent: Williams
- Jurisdiction
- Australia
- Judgment Date
- 04 September 1997
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Estoppel by Representation, S151 Z Workers Compensation Act 1987, Payback Figures in Settlement
Case Brief
Summary, issues, holding and outcome
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Parties
AMP Workers Compensation Services (NSW) Ltd
Appellant
Williams
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the appellant is estopped from recovering more than $48,661.27 pursuant to s151Z Workers Compensation Act 1987
- 2 Whether misrepresentation regarding the total payback figure binds the appellant
Ratio Decidendi
The appellant made a clear representation that the total payback for both claims was $48,661.27, which the respondent relied on to her detriment in settling her claims. The court applied the doctrine of estoppel to prevent the appellant from recovering more than the represented amount.
Court Disposition
appeal dismissed with costs
Orders
- Appellant not entitled to recover from respondent pursuant to s151Z Workers Compensation Act 1987 any sum in excess of $48,661.27
- Appellant's appeal dismissed with costs
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