Workers' Compensation Board (Qld) v Technical Products Pty Ltd [1988] HCA 49

High Court of Australia Wilson, Deane, Dawson, Toohey and Gaudron JJ. Workers' Compensation Board (Qld) v Technical Products Pty Ltd [1988] HCA 49

ORDER Appeal allowed with costs. Set aside the judgment of the Full Court of the Supreme Court of Queensland dated 16 November 1987 and in lieu thereof order that the demurrer of the Third Party (The Workers' Compensation Board of Queensland) to the statement of claim of the defendant (Technical Products Pty. Ltd.) be allowed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

Sept. 27 Wilson and Gaudron JJ.

This is an appeal from a decision of the Full Court of the Supreme Court of Queensland which, by majority (Connolly and Shepherdson JJ., Vasta J. dissenting), overruled a demurrer by the appellant to the respondent's statement of claim seeking a declaration that the respondent is entitled to be indemnified by the appellant ("the Board") against a claim for damages made against the respondent by one Patricia Hart.

On 13 August 1981 Mrs. Hart's husband was seriously injured in a fall in the course of his employment as a factory hand by the respondent. Thereafter she sued the respondent, claiming damages for nervous shock and psychiatric illness allegedly suffered in consequence of her husband's injuries. The respondent then made its claim on the appellant for indemnity, to which claim the appellant demurred. It is that demurrer which is the subject of the present appeal.

The respondent relied on the provisions of s. 8(1) of The Workers' Compensation Act 1916 Q. ("the Act"). At all material times that sub-section read as follows:

Every employer shall be legally liable to pay the compensation which this Act prescribes a worker employed by him shall receive out of the Workers' Compensation Fund in accordance with this Act.