Burns v Norvic Food Processing Pty Limited [2010] NSWDC 178

s 85(3)(e) of Accidents Compensation Act 1985 (Vic), in its original form, precluded the plaintiff from an entitlement to claim compensation under that Act as a claim was pending under another jurisdiction, and plaintiff's claim for damages was therefore to be determined in accordance with common law principles of tortious liability.

Jurisdiction: Australia
Judgment Date: 20 August 2010
Procedural Posture: Civil Motion / Motion to Strike Out Paragraph of Defence and Costs
Outcome: Paragraph 12 of the defence is struck out; defendant to pay plaintiff's costs of the motion
Legal Topics: ['lex Loci Delicti' 'common Law Damages' 'substantive Law Identification' 'compensation Entitlements' 'statutory Preclusion']

['tort Law' 'workers Compensation'] ['lex Loci Delicti' 'common Law Damages' 'substantive Law Identification' 'compensation Entitlements' 'statutory Preclusion']

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Procedural Posture

Civil Motion / Motion to Strike Out Paragraph of Defence and Costs

Legal Issues

1 ["Whether amendment to Victorian law after plaintiff's injury affected rights to claim damages" 'Whether s 85(3)(e) of Accidents Compensation Act 1985 (Vic) precluded claim' 'Substantive law governing claim for damages']

Ratio Decidendi

Court Disposition

Paragraph 12 of the defence is struck out; defendant to pay plaintiff's costs of the motion

Orders

['Paragraph 12 of the defence is struck out' "Defendant is to pay plaintiff's costs of the motion"]