Gardiner v Laing O’Rourke Australia Construction Pty Ltd [2020] NSWCA 151

Gardiner v Laing O’Rourke Australia Construction Pty Ltd [2020] NSWCA 151

The appeal was allowed because the proper construction of the workers' compensation legislation and the Deed showed that the settlement payment resolved Anti-Discrimination Act complaints and related employment disputes, while expressly preserving claims pursuant to workers' compensation legislation. The payment was not recovery of damages in respect of the injury claimed in the workers' compensation proceedings for the purposes of s 151A of the Workers Compensation Act 1987 (NSW), and the questions involved were questions of law within the Court's appellate jurisdiction.

Jurisdiction
Australia
Judgment Date
23 July 2020
Procedural Posture
Appeal From a Presidential Decision of the Workers Compensation Commission in Point of Law Under S 353 of the Workplace Injury Management and Workers Compensation Act 1998 (nsw) / Court of Appeal Decision
Outcome
Appeal allowed; Workers Compensation Commission determinations set aside; matter remitted; respondent ordered to pay appellant's costs in the Court of Appeal.
Legal Topics
['deed of Release' 'construction of Settlement Deed' 'effect of Recovery of Damages on Compensation' 'meaning of Damages and Monetary Compensation' 'interaction Between Workers Compensation Legislation and Anti Discrimination Act 1977 (nsw)']
["workers' Compensation" 'anti Discrimination' 'employment Law' 'contract Law'] ['deed of Release' 'construction of Settlement Deed' 'effect of Recovery of Damages on Compensation' 'meaning of Damages and Monetary Compensation' 'interaction Between Workers Compensation Legislation and Anti Discrimination Act 1977 (nsw)']

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Procedural Posture

Appeal From a Presidential Decision of the Workers Compensation Commission in Point of Law Under S 353 of the Workplace Injury Management and Workers Compensation Act 1998 (nsw) / Court of Appeal Decision

Legal Issues

  1. 1 ['Whether the grounds of appeal identified a decision in point of law within s 353 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW).' 'Whether the payment under the Deed of Release and Confidentiality constituted recovery of "damages" "in respect of" the injury the subject of the workers\' compensation claim so as to engage s 151A of the Workers Compensation Act 1987 (NSW).' "Whether the Deed preserved claims under workers' compensation legislation, including work injury damages."]

Ratio Decidendi

The appeal was allowed because the proper construction of the workers' compensation legislation and the Deed showed that the settlement payment resolved Anti-Discrimination Act complaints and related employment disputes, while expressly preserving claims pursuant to workers' compensation legislation. The payment was not recovery of damages in respect of the injury claimed in the workers' compensation proceedings for the purposes of s 151A of the Workers Compensation Act 1987 (NSW), and the questions involved were questions of law within the Court's appellate jurisdiction.

Court Disposition

Appeal allowed; Workers Compensation Commission determinations set aside; matter remitted; respondent ordered to pay appellant's costs in the Court of Appeal.

Orders

  • ['Allow the appeal from the decision of the President dated 19 December 2019.' 'With respect to the proceedings in the Workers Compensation Commission, set aside the order of the President dismissing an appeal from the determination of an Arbitrator of 28 June 2019.' 'Set aside the order confirming the certificate...