S Barry & R Keith v Goddard [2000] NSWCA 49

S Barry & R Keith v Goddard [2000] NSWCA 49

Because the District Court proceeded on an incorrect statutory basis and date regarding the worker’s election, the required statutory criteria under s 151A(5) were not properly considered. The judgment below must be set aside and the matter returned to the District Court to be properly determined using the correct date and statutory framework.

Jurisdiction
Australia
Judgment Date
17 March 2000
Procedural Posture
Application for Leave to Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; orders of District Court set aside; matter remitted for rehearing; costs to follow the event.
Legal Topics
['election to Receive Common Law Damages' 'revocation of Election' 'material Deterioration' 'statutory Interpretation']
['workers Compensation' 'personal Injury'] ['election to Receive Common Law Damages' 'revocation of Election' 'material Deterioration' 'statutory Interpretation']

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether the injured worker could revoke his election not to claim common law damages under s 151A of the Workers Compensation Act 1987.' 'Whether there was a material mistake as to the date of election relevant to the statutory requirements for revocation.' "Whether at the time of the worker's election, there was no reasonable cause to believe further deterioration would occur."]

Ratio Decidendi

Because the District Court proceeded on an incorrect statutory basis and date regarding the worker’s election, the required statutory criteria under s 151A(5) were not properly considered. The judgment below must be set aside and the matter returned to the District Court to be properly determined using the correct date and statutory framework.

Court Disposition

Appeal allowed; orders of District Court set aside; matter remitted for rehearing; costs to follow the event.

Orders

  • ['Application for leave to appeal granted' 'Appeal allowed' "Set aside the orders made by the District Court on the worker's notice of motion" 'Remit the notice of motion to Dent DCJ for further hearing and determination according to law' 'Costs of the application for leave to appeal and appeal to follow the event...