THE BROKEN HILL PTY CO LTD v DERON [1998] NSWCA 226

THE BROKEN HILL PTY CO LTD v DERON [1998] NSWCA 226

The combination of contemporaneous records, the medical officer’s note, the subsequent conduct of the respondent in pursuing further compensation, and admissions to his solicitor establish that the respondent knew he had received workers compensation in 1970, starting the limitation period; thus, the common law proceedings were not maintainable as they were commenced out of time.

Parties
Appellant: The Broken Hill Proprietary Co Ltd; Respondent: Deron
Jurisdiction
Australia
Judgment Date
27 March 1998
Procedural Posture
Civil / Appeal
Outcome
Appeal allowed
Legal Topics
Statute of Limitations, Workers Compensation Payments, Knowledge of Receipt of Compensation
Limitation of Actions Workers Compensation Statute of Limitations Workers Compensation Payments Knowledge of Receipt of Compensation

Case Brief

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Parties

The Broken Hill Proprietary Co Ltd

Appellant

Deron

Respondent

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether the worker knew he had received workers compensation payment so as to commence the running of the limitation period under s63(3)(a) of the Workers Compensation Act 1926

Ratio Decidendi

The combination of contemporaneous records, the medical officer’s note, the subsequent conduct of the respondent in pursuing further compensation, and admissions to his solicitor establish that the respondent knew he had received workers compensation in 1970, starting the limitation period; thus, the common law proceedings were not maintainable as they were commenced out of time.

Court Disposition

Appeal allowed

Orders

  • Orders of trial judge set aside. Judgment for first defendant on separate issue as to whether proceedings statute barred.
  • Respondent to pay appellant's costs of appeal and of trial of separate issue.