Macrae v St Margaret's Hospital [1999] NSWCA 381

Macrae v St Margaret's Hospital [1999] NSWCA 381

Sending a compensation claim by post to an employer's nominated post office box, as indicated on their letterhead, constitutes substantial compliance with s.92A of the Workers Compensation Act 1987, as it achieves the object of notifying the employer, and the statutory prescription does not require strict compliance as to the address so long as the claim is effectively received by the employer.

Parties
Appellant: Derek Macrae; Respondent: St. Margaret's Hospital
Jurisdiction
Australia
Judgment Date
18 October 1999
Procedural Posture
Appeal / Decision on Appeal From Compensation Court
Outcome
Appeal allowed
Legal Topics
Service of Claim, Statutory Interpretation, Substantial Compliance, Workers Compensation Act 1987 Ss 66, 67, 92 a, 106 E
Workers Compensation Service of Claim Statutory Interpretation Substantial Compliance Workers Compensation Act 1987 Ss 66, 67, 92 A, 106 E

Case Brief

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Parties

Derek Macrae

Appellant

St. Margaret's Hospital

Respondent

Procedural Posture

Appeal / Decision on Appeal From Compensation Court

Legal Issues

  1. 1 Whether posting a compensation claim to an employer's post office box is sufficient service under s.92A of the Workers Compensation Act 1987
  2. 2 Whether s.92A(3) is mandatory or directory as to forms of service
  3. 3 Whether there was substantial compliance with the Act's service requirements

Ratio Decidendi

Sending a compensation claim by post to an employer's nominated post office box, as indicated on their letterhead, constitutes substantial compliance with s.92A of the Workers Compensation Act 1987, as it achieves the object of notifying the employer, and the statutory prescription does not require strict compliance as to the address so long as the claim is effectively received by the employer.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Order of Judge O'Toole CCJ set aside