Zaghloul v Woodside Energy Ltd (No 5) [2014] FCA 1042

FEDERAL COURT OF AUSTRALIA

Zaghloul v Woodside Energy Ltd (No 5) [2014] FCA 1042 Citation: Zaghloul v Woodside Energy Ltd (No 5) [2014] FCA 1042

Parties: DR HASSAN ZAGHLOUL v WOODSIDE ENERGY LIMITED (ACN 005 482 986)

File number: ACD 62 of 2012

Judge: GILMOUR J

Date of judgment: 26 September 2014

Catchwords: PRACTICE AND PROCEDURE – application by applicant seeking summary judgment - circumstances where there are disputed questions of fact – respondent's intention to call witnesses to dispute allegations – applicant's application dismissed – application by respondent seeking summary judgment and other relief – effect of ss 60(2) and 60(4) of the Bankruptcy Act 1966 (Cth) - whether or not claims made pursuant to s 52 of the Trade Practices Act 1974 (Cth) (TPA) maintainable – applicant's claims for damages for personal injury under the TPA dismissed – respondent's interlocutory application otherwise dismissed. WORKERS' COMPENSATION – trial of separate question – whether or not the Court is able to award damages in tort or contract in respect of mental or physical injury allegedly suffered by the applicant - construction of s 93K(4) of Workers' Compensation and Injury Management Act 1981 (WA) (Compensation Act)– where applicant commenced proceedings before making an election under the Compensation Act – meaning of "within…the period of 30 days" – separate question answered in the affirmative.

Legislation: Trade Practices Act 1974 (Cth) ss 52, 82(1), 82(1AAA) Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) rr 26.01, 8.03(2), 16.44 Workers' Compensation and Injury Management Act 1981 (WA) ss 5, 57B(2)(a), 93B, 93C, 93K(4)(c) Workers' Compensation and Injury Management Amendment Act 2011 (WA) s 96 Interpretation Act 1984 (WA) s 37(1)(c) Bankruptcy Act 1966 (Cth) ss 60(2), (4) Workers' Compensation and Injury Management Regulations 1982 (WA) reg 22