Kotevski v Esselte Australia P/L [2005] NSWCA 126

Kotevski v Esselte Australia P/L [2005] NSWCA 126

Section 15 of the Workers Compensation Act 1987 does not operate to deem the date of injury for the purposes of s 151D(2) limitation on actions for common law damages; it is confined to statutory compensation claims. Thus, as the injuries occurred before the relevant date, the appellant’s claim was statute-barred.

Parties
Appellant: Boris Kotevski; Respondent: Esselte Australia Pty Limited
Jurisdiction
Australia
Judgment Date
12 April 2005
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Limitation Period, Deeming Provisions, Statutory Compensation, Common Law Rights
Workers Compensation Limitation Period Deeming Provisions Statutory Compensation Common Law Rights

Case Brief

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Parties

Boris Kotevski

Appellant

Esselte Australia Pty Limited

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether s 15 of the Workers Compensation Act 1987 applies to deem the date of an employee's injury for the purpose of the limitation period in s 151D(2)
  2. 2 Whether 'for the purposes of this Act' in s 15(1)(a) extends to common law damages

Ratio Decidendi

Section 15 of the Workers Compensation Act 1987 does not operate to deem the date of injury for the purposes of s 151D(2) limitation on actions for common law damages; it is confined to statutory compensation claims. Thus, as the injuries occurred before the relevant date, the appellant’s claim was statute-barred.

Court Disposition

Appeal dismissed with costs

Orders

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