JOHN LYSAGHT (AUSTRALIA) LTD v COX [1990] NSWCA 99

JOHN LYSAGHT (AUSTRALIA) LTD v COX [1990] NSWCA 99

The respondent was not entitled to maintain a claim for binaural loss of hearing under the 1987 Act because the injury (further impairment of hearing) occurred before the commencement of Division 4 of Pt3 of the 1987 Act and such loss was not compensable under s16 of the 1926 Act; thus cl5 applied, barring the claim.

Parties
Appellant: John Lysaght (Australia) Ltd; Respondent: Cox
Jurisdiction
Australia
Judgment Date
14 September 1990
Procedural Posture
Appeal / Judgment of Court of Appeal
Outcome
appeal allowed
Legal Topics
Transitional Provisions, Industrial Deafness, Compensation for Hearing Loss
Workers Compensation Statutory Interpretation Transitional Provisions Industrial Deafness Compensation for Hearing Loss

Case Brief

Summary, issues, holding and outcome

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Parties

John Lysaght (Australia) Ltd

Appellant

Cox

Respondent

Procedural Posture

Appeal / Judgment of Court of Appeal

Legal Issues

  1. 1 Whether transitional provisions in 1987 Act permit a claim for binaural loss of hearing where such claims were not recognised under the 1926 Act
  2. 2 Whether a legally binding agreement to receive compensation under the 1926 Act existed
  3. 3 Whether the injury is deemed to have occurred before the commencement of the 1987 Act for purposes of cl5, Pt6, Sch6

Ratio Decidendi

The respondent was not entitled to maintain a claim for binaural loss of hearing under the 1987 Act because the injury (further impairment of hearing) occurred before the commencement of Division 4 of Pt3 of the 1987 Act and such loss was not compensable under s16 of the 1926 Act; thus cl5 applied, barring the claim.

Court Disposition

appeal allowed

Orders

  • Respondent to pay appellant's costs of the appeal and to have a certificate under the Suitors' Fund Act.
  • Proceedings remitted to the Compensation Court to be dealt with in accordance with these reasons.