SANDERS v NADOW TRAINING PROGRAM LTD [1995] NSWCA 413
The appellant had not recovered 'those damages' for which the third party was liable, as required by s151Z(1)(c) of the Workers Compensation Act. Payments received from QBE were partial and interim, not the total damages. Thus, she was not precluded from pursuing her workers compensation claim.
- Parties
- Appellant: Sanders; Respondent: Nadow Training Program Ltd
- Jurisdiction
- Australia
- Judgment Date
- 25 May 1995
- Procedural Posture
- Appeal / Court of Appeal Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Meaning of 'recovered Damages' Under Workers Compensation Act S151 Z(1)(c), Statutory Definition of 'damages', Motor Accidents Act S45 Payments
Case Brief
Summary, issues, holding and outcome
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Parties
Sanders
Appellant
Nadow Training Program Ltd
Respondent
Procedural Posture
Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether QBE's payments constituted 'recovered damages' under s151Z(1)(c) of the Workers Compensation Act 1987
Ratio Decidendi
The appellant had not recovered 'those damages' for which the third party was liable, as required by s151Z(1)(c) of the Workers Compensation Act. Payments received from QBE were partial and interim, not the total damages. Thus, she was not precluded from pursuing her workers compensation claim.
Court Disposition
Appeal allowed
Orders
- The appeal is allowed.
- The award of O'Toole J of 16 December 1993 is set aside and the proceedings remitted to the Compensation Court of New South Wales for determination in accordance with these reasons.
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