Yarham v Transport Accident Commission of Victoria & Ors [2017] NSWCA 301

Yarham v Transport Accident Commission of Victoria & Ors [2017] NSWCA 301

Division 1A of Part 5 of the Workers Compensation Act 1987 (NSW), including section 150A, applies only to claims against a worker's employer in respect of injury caused by the employer's negligence or breach of contract in its capacity as employer. It does not apply to claims made against the employer as owner of a motor vehicle under s 112 of the Motor Accidents Compensation Act 1999 (NSW) (statutory agency). Accordingly, for such claims, the law of New South Wales and the MAC Act apply, not the law of Victoria.

Jurisdiction
Australia
Judgment Date
07 December 2017
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
['choice of Law in Tort' 'motor Accident Damages' 'vicarious Liability' 'statutory Interpretation' 'workers Compensation Legislative Regime']
["workers' Compensation" 'motor Vehicle Accident' 'conflict of Laws'] ['choice of Law in Tort' 'motor Accident Damages' 'vicarious Liability' 'statutory Interpretation' 'workers Compensation Legislative Regime']

Case Brief

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Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ["Does s 150A of the Workers Compensation Act 1987 (NSW) apply to claims for damages arising from motor vehicle accidents for which compensation is payable under another State's workers compensation scheme?" 'Does the choice of law provision apply to claims against the employer in its capacity as owner of the vehicle under s 112 of the Motor Accidents Compensation Act 1999 (NSW)?' 'Did the assessor err in deciding the applicable law, rather than whether the legal complexity warranted exemption from CARS assessment?']

Ratio Decidendi

Division 1A of Part 5 of the Workers Compensation Act 1987 (NSW), including section 150A, applies only to claims against a worker's employer in respect of injury caused by the employer's negligence or breach of contract in its capacity as employer. It does not apply to claims made against the employer as owner of a motor vehicle under s 112 of the Motor Accidents Compensation Act 1999 (NSW) (statutory agency). Accordingly, for such claims, the law of New South Wales and the MAC Act apply, not the law of Victoria.

Court Disposition

Appeal allowed

Orders

  • ['Set aside the declarations and orders made by Hall J on 13 December 2016.' 'Declare that a claim made by the appellant against the owner of the motor vehicle in which the appellant was injured as a result of the alleged negligence of the driver of that vehicle pursuant to s 112 of the Motor Accidents Compensation...