John Pfeiffer Pty Ltd v Rogerson, David [1998] FCA 815

FEDERAL COURT OF AUSTRALIA JURISDICTION - choice of law in tort - workers suffered personal injury in New South Wales - successfully sued employer for damages in the Australian Capital Territory - Master and Full Court of the Supreme Court of the Australian Capital Territory refused to apply the Workers Compensation Act 1987 (NSW) in accordance with McKain v R W Miller & Co (SA) Pty Ltd and Stevens v Head - whether McKain and Stevens correctly decided - whether the provisions of the Workers Compensation Act 1987 (NSW) limiting the amount of damages are: (a) distinguishable from the provisions of the Motor Accident Act 1979 (NSW) and are substantive not procedural; or (b) if not, whether the majority approach in Stevens v Head in treating the measure of damages for personal injury as a matter of substantive law is incorrect. Workers Compensation Act 1987 (NSW) ss 151G, 151H and Part 5 Motor Accidents Act 1979 (NSW) 79 Stevens v Head (1993) 176 CLR 433 McKain v R W Miller (SA) Pty Ltd (1991) 174 CLR 1 Breavington v Godleman (1988) 169 CLR 41 Project Blue Sky Inc v Australian Broadcasting Authority (1988) 153 ALR 490 JOHN PFEIFFER PTY LIMITED v DAVID ROGERSON AG 102 OF 1997 JUDGES: O'CONNOR, HIGGINS, COOPER, FINN AND MERKEL JJ DATE: 9 JULY 1998 PLACE: CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG 102 of 1997

ON APPEAL FROM A FULL COURT OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: JOHN PFEIFFER PTY LIMITED

Applicant

AND: DAVID ROGERSON

Respondent

JUDGE(S): O'CONNOR, HIGGINS, COOPER, FINN AND MERKEL JJ

DATE OF ORDER: 9 JULY 1998

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant pay the respondent's costs of and incidental to the appeal, including reserved costs, if any, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.