Wickham Freight Lines Pty Ltd v Ferguson [2013] NSWCA 66
The requirements of s 134AB of the Accident Compensation Act 1985 (Vic) concerning determination and certification of serious injury are substantive and pre-condition commencement of proceedings for damages; as respondent had not complied, the claim is not competent and must be struck out.
- Parties
- Appellant: Wickham Freight Lines Pty Ltd; Respondent: Ian Ferguson
- Jurisdiction
- Australia
- Judgment Date
- 05 April 2013
- Procedural Posture
- Appeal / Court of Appeal Decision
- Outcome
- Appeal allowed
- Legal Topics
- Work Related Injury, Choice of Law, Entitlement to Damages, Serious Injury Statutory Scheme
Case Brief
Summary, issues, holding and outcome
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Parties
Wickham Freight Lines Pty Ltd
Appellant
Ian Ferguson
Respondent
Procedural Posture
Appeal / Court of Appeal Decision
Legal Issues
- 1 Whether s 134AB Accident Compensation Act 1985 (Vic) is substantive or procedural law and its applicability in NSW proceedings
- 2 Whether respondent can take steps to comply with s 134AB requirements post-commencement and amend the Statement of Claim
Ratio Decidendi
The requirements of s 134AB of the Accident Compensation Act 1985 (Vic) concerning determination and certification of serious injury are substantive and pre-condition commencement of proceedings for damages; as respondent had not complied, the claim is not competent and must be struck out.
Court Disposition
Appeal allowed
Orders
- Appeal allowed
- Set aside the orders made by Delaney DCJ dismissing the respondent's Notice of Motion and ordering that the costs of the Motion be costs in the cause
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