Lennon v TNT Australia Pty Ltd [2013] NSWCA 77

Lennon v TNT Australia Pty Ltd [2013] NSWCA 77

The applicant's entitlement under the Workers Compensation Act 1987 (NSW) accrued as at 30 June 2008, the last day before TNT's Commonwealth licence came into force; the injury is deemed to have happened then, and liability under State law is preserved regardless of subsequent Commonwealth law application.

Jurisdiction
Australia
Judgment Date
18 April 2013
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Leave to appeal granted; appeal allowed; answer of Commission President set aside; applicant's injury deemed to have occurred on 30 June 2008; respondent to pay costs.
Legal Topics
['inconsistency of Legislation (s 109)' 'workers Compensation Act 1987 (nsw)' "interpretation of 'employer' and Injury Date" 'safety, Rehabilitation and Compensation Act 1988 (cth)']
['constitutional Law' 'workers Compensation'] ['inconsistency of Legislation (s 109)' 'workers Compensation Act 1987 (nsw)' "interpretation of 'employer' and Injury Date" 'safety, Rehabilitation and Compensation Act 1988 (cth)']

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Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ["Whether the applicant's binaural hearing loss occurred for statutory purposes on 30 June 2008 or 24 March 2011" 'Whether State Act (Workers Compensation Act 1987 (NSW)) is inoperative due to inconsistency with Commonwealth Act (Safety, Rehabilitation and Compensation Act 1988 (Cth)), s 109 Constitution' 'Construction and application of s 17(1) Workers Compensation Act 1987 (NSW) and s 108A Safety, Rehabilitation and Compensation Act 1988 (Cth)']

Ratio Decidendi

The applicant's entitlement under the Workers Compensation Act 1987 (NSW) accrued as at 30 June 2008, the last day before TNT's Commonwealth licence came into force; the injury is deemed to have happened then, and liability under State law is preserved regardless of subsequent Commonwealth law application.

Court Disposition

Leave to appeal granted; appeal allowed; answer of Commission President set aside; applicant's injury deemed to have occurred on 30 June 2008; respondent to pay costs.

Orders

  • ['Grant the applicant leave to appeal.' 'Allow the appeal and set aside the answer to the question given by the President.' "Answer the question identified for the Commission's determination as follows: (a) Under s 17(1) of the Workers Compensation Act 1987 (NSW), the applicant's binaural hearing loss was deemed to...