NASSIM ATTILEH v STATE RAIL AUTHORITY OF NEW SOUTH WALES [2005] NSWCA 64

NASSIM ATTILEH v STATE RAIL AUTHORITY OF NEW SOUTH WALES [2005] NSWCA 64

Because the appellant commenced work injury damages proceedings after 1 January 2002 without first complying with the mandatory claims procedures in Chapter 7, Part 2, Division 2 of the Workplace Injury Management and Workers Compensation Act 1998, and because Schedule 6 Part 18C cl 8 of the Workers Compensation Act...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 March 2005
Procedural Posture
Appeal in Work Injury Damages Proceedings Concerning a Negligence Claim for Industrial Deafness / Appeal From Summary Dismissal in the District Court
Outcome
Appeal dismissed with costs.
Legal Topics
['application of Chapter 7, Part 2, Division 2 of the Workplace Injury Management and Workers Compensation Act 1998' 'pre 30 June 1987 Workplace Injury Claims' 'mandatory Pre Filing Procedures for Work Injury Damages' 'summary Dismissal for Non Compliance With Statutory Claims Procedures']
['workers Compensation' 'work Injury Damages' 'statutory Interpretation' 'limitation of Actions'] ['application of Chapter 7, Part 2, Division 2 of the Workplace Injury Management and Workers Compensation Act 1998' 'pre 30 June 1987 Workplace Injury Claims' 'mandatory Pre Filing Procedures for Work Injury Damages' 'summary Dismissal for Non Compliance With Statutory Claims Procedures']

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Procedural Posture

Appeal in Work Injury Damages Proceedings Concerning a Negligence Claim for Industrial Deafness / Appeal From Summary Dismissal in the District Court

Legal Issues

  1. 1 ['Whether Chapter 7, Part 2, Division 2 of the Workplace Injury Management and Workers Compensation Act 1998 applied to a work injury damages claim commenced after 1 January 2002 for injuries sustained before 30 June 1987.' 'Whether non-compliance with s262 of the Workplace Injury Management and Workers Compensation Act 1998 required summary dismissal of the District Court proceedings.' "Whether Schedule 6 Part 18C cl 8 of the Workers Compensation Act 1987 extended the new claims procedures to the appellant's claim despite s251 of the Workplace Injury Management and Workers Compensation Act 1998."]

Ratio Decidendi

Because the appellant commenced work injury damages proceedings after 1 January 2002 without first complying with the mandatory claims procedures in Chapter 7, Part 2, Division 2 of the Workplace Injury Management and Workers Compensation Act 1998, and because Schedule 6 Part 18C cl 8 of the Workers Compensation Act 1987 expressly extended those procedures to claims made after commencement notwithstanding s251, the District Court proceedings were required to be summarily dismissed even though the alleged injury occurred before 30 June 1987.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']