Adams v Fletcher International Exports Pty Ltd [2008] NSWCA 238

Adams v Fletcher International Exports Pty Ltd [2008] NSWCA 238

The sum of $2,500 paid under the deed was damages within the meaning of s 149; the worker had recovered damages for his left hand and wrist injury, thus s 151A(1)(a) applied and he lost rights to compensation under the Act.

Parties
Appellant: Anthony Thomas Adams; Respondent: Fletcher International Exports Pty Ltd
Jurisdiction
Australia
Judgment Date
02 October 2008
Procedural Posture
Appeal / Court of Appeal Principal Judgment
Outcome
Appeal dismissed
Legal Topics
Alternative Rights, Damages Recovered, Loss of Compensation Rights
Workers' Compensation Alternative Rights Damages Recovered Loss of Compensation Rights

Case Brief

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Parties

Anthony Thomas Adams

Appellant

Fletcher International Exports Pty Ltd

Respondent

Procedural Posture

Appeal / Court of Appeal Principal Judgment

Legal Issues

  1. 1 Whether payment of $2,500 was damages recovered in respect of injury under s 151A(1)(a) of Workers' Compensation Act 1987
  2. 2 Whether rights to compensation were lost as result of accepting $2,500

Ratio Decidendi

The sum of $2,500 paid under the deed was damages within the meaning of s 149; the worker had recovered damages for his left hand and wrist injury, thus s 151A(1)(a) applied and he lost rights to compensation under the Act.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Appellant to pay the respondent's costs.