ADCO Constructions Pty Ltd v Goudappel [2014] HCA 18

HIGH COURT OF AUSTRALIA

FRENCH CJ, CRENNAN, KIEFEL, GAGELER AND KEANE JJ

ADCO CONSTRUCTIONS PTY LTD APPELLANT

AND

RONALD GOUDAPPEL & ANOR RESPONDENTS

ADCO Constructions Pty Ltd v Goudappel [2014] HCA 18 16 May 2014 S201/2013

ORDER

1. Appeal allowed.

2. Set aside paragraph 3 of the order of the Court of Appeal of the Supreme Court of New South Wales made on 29 April 2013 and, in its place, order that the question of law referred to the President of the Workers Compensation Commission of New South Wales as amended:

"Do the amendments to Division 4 of Part 3 of the Workers Compensation Act 1987 introduced by Schedule 2 of the Workers Compensation Legislation Amendment Act 2012 apply to claims for compensation pursuant to s 66 made on and after 19 June 2012 where a worker has made a claim for compensation of any type in respect of the same injury before 19 June 2012?"

be answered:

"Clause 5(4) of Pt 19H of Sched 6 to the Workers Compensation Act 1987 (NSW) (introduced by Sched 12 [1] to the Workers Compensation Legislation Amendment Act 2012 (NSW)) enabled the making of cl 11 of Sched 8 to the

Workers Compensation Regulation 2010 (NSW) (introduced by Sched 1 [5] to the Workers Compensation Amendment (Transitional) Regulation 2012 (NSW)), with the effect that the amendments to Div 4 of Pt 3 of the Workers Compensation Act introduced by Sched 2 to the Workers Compensation Legislation Amendment Act apply to claims for compensation pursuant to s 66 of the Workers Compensation Act made on and after 19 June 2012, where the worker has not made a claim specifically seeking compensation under s 66 or s 67 before 19 June 2012."

3. Appellant to pay the first respondent's costs in this Court.

On appeal from the Supreme Court of New South Wales

Representation

D F Jackson QC with S L C Flett and W A D Edwards for the appellant (instructed by Moray & Agnew Solicitors)