HOBBS v COSTAIN AUSTRALIA LTD [1995] NSWCA 193

HOBBS v COSTAIN AUSTRALIA LTD [1995] NSWCA 193

A worker who suffers hearing loss resulting from a negligent act of the employer occurring before 4 pm on 30 June 1987 can recover damages at common law, and the amount of such damages is not restricted by the limiting provisions of the Workers Compensation Act 1987 but is determined according to the common law.

Source-derived case information.

Parties
Appellant: Michael Barry Hobbs; Respondent: Costain Australia Ltd
Jurisdiction
Australia
Judgment Date
16 February 1995
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal upheld
Legal Topics
Boilermaker's Deafness, Common Law Damages, Statutory Interpretation
Workers' Compensation Personal Injury Boilermaker's Deafness Common Law Damages Statutory Interpretation

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Parties

Michael Barry Hobbs

Appellant

Costain Australia Ltd

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a worker suffering hearing loss from employer's negligence prior to 30 June 1987 can recover damages at common law.
  2. 2 Whether the quantum of such damages is restricted by statutory provisions of the Workers Compensation Act 1987.

Ratio Decidendi

A worker who suffers hearing loss resulting from a negligent act of the employer occurring before 4 pm on 30 June 1987 can recover damages at common law, and the amount of such damages is not restricted by the limiting provisions of the Workers Compensation Act 1987 but is determined according to the common law.

Court Disposition

Appeal upheld

Orders

  • Verdict and judgment of Rummery DCJ set aside
  • Judgment for the appellant