WorkPac Pty Ltd v Thearle [2016] NSWCA 303

WorkPac Pty Ltd v Thearle [2016] NSWCA 303

Clause 26 of Schedule 6, Part 19H of the Workers Compensation Act 1987 (NSW) does not preserve s 151P(b) for the benefit of persons such as Ms Thearle, who are strangers to the employment relationship; s 151AD operates to preclude Ms Thearle’s claim for damages for nervous shock against WorkPac.

Parties
Applicant: WorkPac Pty Ltd; First Respondent: Maureen Thearle; Second Respondent: Downer EDI Mining Pty Ltd
Jurisdiction
Australia
Judgment Date
04 November 2016
Procedural Posture
Appeal / Leave to Appeal Granted and Appeal Allowed
Outcome
Leave to appeal granted; appeal allowed; claim dismissed
Legal Topics
Effect of Amendments to Workers Compensation Act 1987 (nsw), Damages for Nervous Shock Injury, Preservation of Repealed S 151 P for Coal Miners, Construction of Sch 6, Pt 19 H, Cl 26
Workers Compensation Statutory Interpretation Effect of Amendments to Workers Compensation Act 1987 (nsw) Damages for Nervous Shock Injury Preservation of Repealed S 151 P for Coal Miners Construction of Sch 6, Pt 19 H, Cl 26

Case Brief

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Parties

WorkPac Pty Ltd

Applicant

Maureen Thearle

First Respondent

Downer EDI Mining Pty Ltd

Second Respondent

Procedural Posture

Appeal / Leave to Appeal Granted and Appeal Allowed

Legal Issues

  1. 1 Whether clause 26 of Schedule 6, Part 19H of the Workers Compensation Act 1987 (NSW) preserves the operation of repealed s 151P so as to enable a parent of an injured coal miner to claim damages for nervous shock
  2. 2 Whether s 151AD precludes Ms Thearle’s claim for damages for pure mental harm

Ratio Decidendi

Clause 26 of Schedule 6, Part 19H of the Workers Compensation Act 1987 (NSW) does not preserve s 151P(b) for the benefit of persons such as Ms Thearle, who are strangers to the employment relationship; s 151AD operates to preclude Ms Thearle’s claim for damages for nervous shock against WorkPac.

Court Disposition

Leave to appeal granted; appeal allowed; claim dismissed

Orders

  • Grant leave to appeal.
  • Appellant to file a notice of appeal in the form of the draft in the White Book within seven (7) days.