Kennards Hire Pty Ltd v Koufu [2005] NSWCA 413
The insurer's words 'We will not be admitting breach of duty of care on behalf of the employer' taken objectively amounted to a true and unequivocal denial of liability under s 151C(2)(a) of the Workers Compensation Act 1987, thereby entitling the respondent to commence proceedings within 6 months of the injury.
- Parties
- Appellant: Kennards Hire Pty Limited; Respondent: Michael Koufu
- Jurisdiction
- Australia
- Judgment Date
- 01 November 2005
- Procedural Posture
- Appeal / Decision on Appeal
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Commencement of Proceedings Under Workers Compensation Act 1987 S 151 C, Requirement for Denial of Liability, Timing of Claim for Damages
Case Brief
Summary, issues, holding and outcome
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Parties
Kennards Hire Pty Limited
Appellant
Michael Koufu
Respondent
Procedural Posture
Appeal / Decision on Appeal
Legal Issues
- 1 Whether worker entitled to commence common law damages claim within 6 months of injury under s 151C(2)(a) Workers Compensation Act 1987
- 2 Whether employer's communications constituted a denial of liability within the meaning of s 151C(2)(a)
Ratio Decidendi
The insurer's words 'We will not be admitting breach of duty of care on behalf of the employer' taken objectively amounted to a true and unequivocal denial of liability under s 151C(2)(a) of the Workers Compensation Act 1987, thereby entitling the respondent to commence proceedings within 6 months of the injury.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs, save no costs payable referable to the notice of contention
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