Chapman v Dickinson [2020] NSWDC 269

Chapman v Dickinson [2020] NSWDC 269

The plaintiff's strike out motion failed because the Workers Compensation Commission determination did not create a binding estoppel on worker status, the Presidential decision established only that the Commission lacked jurisdiction due to no dispute in that forum, no unreasonable failure giving rise to Anshun estoppel was shown, the asserted admissions were informal evidentiary matters or submissions in another proceeding rather than binding admissions in this proceeding, and maintaining the defence that the plaintiff was a worker was not an abuse of process where that issue had been pleaded from the outset and remained the real issue for trial.

Jurisdiction
Australia
Judgment Date
29 May 2020
Procedural Posture
Civil Damages Claim Arising From Workplace Injury / Interlocutory Motions on First Day of Trial, Including Plaintiff's Motion to Strike Out Parts of the Defence and Defendants' Application to Amend the Defence
Outcome
Plaintiff's motion to strike out paragraphs of the defence dismissed; defendants granted leave to file the proposed amended defence; mediation ordered.
Legal Topics
['pleadings' 'strike Out' 'issue Estoppel' 'anshun Estoppel' 'abuse of Process' 'admissions' 'jurisdiction' 'mediation']
['civil Procedure' 'workers Compensation' 'personal Injury'] ['pleadings' 'strike Out' 'issue Estoppel' 'anshun Estoppel' 'abuse of Process' 'admissions' 'jurisdiction' 'mediation']

Case Brief

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Procedural Posture

Civil Damages Claim Arising From Workplace Injury / Interlocutory Motions on First Day of Trial, Including Plaintiff's Motion to Strike Out Parts of the Defence and Defendants' Application to Amend the Defence

Legal Issues

  1. 1 ['Whether issue estoppel precluded the defendants from contending that the plaintiff was a worker or deemed worker.' 'Whether Anshun estoppel precluded the defendants from raising worker status in this Court after the Workers Compensation Commission proceedings.' 'Whether statements or submissions by the defendants amounted to admissions requiring parts of the defence to be struck out.' 'Whether maintaining the defence that the plaintiff was a worker constituted an abuse of process.' 'Whether the Court should grant leave to file the proposed amended defence if the strike out motion failed.' "Whether questions about this Court's jurisdiction under s 105 of the Workplace Injury Management and Workers Compensation Act 1998 should be determined on the motion."]

Ratio Decidendi

The plaintiff's strike out motion failed because the Workers Compensation Commission determination did not create a binding estoppel on worker status, the Presidential decision established only that the Commission lacked jurisdiction due to no dispute in that forum, no unreasonable failure giving rise to Anshun estoppel was shown, the asserted admissions were informal evidentiary matters or submissions in another proceeding rather than binding admissions in this proceeding, and maintaining the defence that the plaintiff was a worker was not an abuse of process where that issue had been pleaded from the outset and remained the real issue for trial.

Court Disposition

Plaintiff's motion to strike out paragraphs of the defence dismissed; defendants granted leave to file the proposed amended defence; mediation ordered.

Orders

  • ["Plaintiff's motion dated 20 May 2020 to strike out paragraphs of the defence is dismissed." 'Costs of the motion reserved.' 'Leave to the defendants to file the proposed amended defence.' 'Parties to arrange a formal mediation to be conducted by 1 July 2020.' "The second defendant's workers compensation insurer is...