CSR Timber Products Pty Limited v Weathertex Pty Limited [2013] NSWCA 49

CSR Timber Products Pty Limited v Weathertex Pty Limited [2013] NSWCA 49

The expression 'the worker's employer' in s 151Z(1) of the Workers Compensation Act 1987 refers to the employer liable to pay compensation under s 9(1) for the particular injury. An employer who, though formerly employing the worker, is not liable to pay compensation under s 9(1) but may be liable at common law is a 'person other than the worker's employer' for the purpose of an indemnity under s 151Z(1)(d). No issue estoppel arises because the Workers Compensation Commission was not required to decide whether the disease was contracted during employment by CSR in deciding Weathertex's liability to pay compensation.

Parties
Applicant/appellant: CSR Timber Products Pty Limited; Respondent: Weathertex Pty Limited
Jurisdiction
Australia
Judgment Date
11 March 2013
Procedural Posture
Civil Appeal / Application for Leave to Appeal and Appeal From Interlocutory Judgment
Outcome
appeal dismissed
Legal Topics
Disease of Gradual Onset, S 151 Z Workers Compensation Act 1987 Indemnity, Issue Estoppel Between Compensation Proceedings and Indemnity Claim
Workers Compensation Estoppel Disease of Gradual Onset S 151 Z Workers Compensation Act 1987 Indemnity Issue Estoppel Between Compensation Proceedings and Indemnity Claim

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Parties

CSR Timber Products Pty Limited

Applicant/appellant

Weathertex Pty Limited

Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal and Appeal From Interlocutory Judgment

Legal Issues

  1. 1 Whether, in respect of a disease of gradual onset, an employer liable to pay compensation may claim indemnity under s 151Z(1)(d) from an earlier employer under the Workers Compensation Act 1987
  2. 2 Whether issue estoppel precludes last employer from seeking indemnity from an earlier employer after workers compensation proceedings

Ratio Decidendi

The expression 'the worker's employer' in s 151Z(1) of the Workers Compensation Act 1987 refers to the employer liable to pay compensation under s 9(1) for the particular injury. An employer who, though formerly employing the worker, is not liable to pay compensation under s 9(1) but may be liable at common law is a 'person other than the worker's employer' for the purpose of an indemnity under s 151Z(1)(d). No issue estoppel arises because the Workers Compensation Commission was not required to decide whether the disease was contracted during employment by CSR in deciding Weathertex's liability to pay compensation.

Court Disposition

appeal dismissed

Orders

  • Leave to appeal granted.
  • Appeal dismissed.