Humphreys v Mulco Tool & Engineering Pty Ltd [2006] NSWCA 355

Humphreys v Mulco Tool & Engineering Pty Ltd [2006] NSWCA 355

The commencement of proceedings to recover damages in contravention of s 151C by the appellant was not an effective election for the purposes of s 151A because, at the relevant time, he was not a person entitled to commence such proceedings. Sections 151A and 151C operate together such that the statutory election...

Source-derived case information.

Parties
Appellant: Jeffrey Humphreys; Respondent: Mulco Tool & Engineering Pty Ltd
Jurisdiction
Australia
Judgment Date
11 December 2006
Procedural Posture
Workers Compensation Appeal / Appeal From Decision of Deputy President of Workers Compensation Commission
Outcome
Appeal allowed with costs
Legal Topics
Election Between Damages and Compensation, Section 151 a and 151 C Workers Compensation Act 1987, Effect of Commencement of Proceedings in Breach of Statutory Provision, Transitional Provisions
Workers Compensation Statutory Interpretation Election Between Damages and Compensation Section 151 a and 151 C Workers Compensation Act 1987 Effect of Commencement of Proceedings in Breach of Statutory Provision Transitional Provisions

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Parties

Jeffrey Humphreys

Appellant

Mulco Tool & Engineering Pty Ltd

Respondent

Procedural Posture

Workers Compensation Appeal / Appeal From Decision of Deputy President of Workers Compensation Commission

Legal Issues

  1. 1 Whether commencing proceedings to recover damages in contravention of s 151C of the Workers Compensation Act 1987 constitutes an election for the purposes of s 151A precluding later claim for permanent lump sum compensation under that Act
  2. 2 Whether by virtue of cl 9(1) in the transitional provisions, new s 151A inserted by the Workers Compensation Legislation Further Amendment Act 2001 applied
  3. 3 Whether election to claim damages under s 151A continues to operate as a bar after the repeal of s 151A(2) and (3)

Ratio Decidendi

The commencement of proceedings to recover damages in contravention of s 151C by the appellant was not an effective election for the purposes of s 151A because, at the relevant time, he was not a person entitled to commence such proceedings. Sections 151A and 151C operate together such that the statutory election arises only by commencing proceedings that one is entitled to commence. Accordingly, the appellant is not precluded from claiming permanent lump sum compensation.

Court Disposition

Appeal allowed with costs

Orders

  • Appeal allowed
  • Decision of the Deputy President of the Workers Compensation Commission set aside