Holcim (Australia) Pty Ltd v Thomas [2022] NSWCA 183

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Holcim (Australia) Pty Ltd v Thomas [2022] NSWCA 183 Hearing dates: 24 August 2022 Decision date: 20 September 2022 Before: Ward P at [1]; Macfarlan JA at [2]; White JA at [3] Decision: Summons filed 11 March 2022 seeking leave to appeal is dismissed with no order as to costs. Catchwords: WORKERS COMPENSATION – Boilermaker's deafness – Workers Compensation Act 1987 (NSW) ss 60 and 17 – claim for provision of new hearing aids – where notice of injury of loss of hearing given to worker's then employer in 1999 – where worker changed employment in 2009 – where worker suffered further hearing loss due to nature of employment after 1999 but did not give notice of further injury to later employer – where finding made that hearing aids were reasonably necessary as a consequence of worker's hearing loss notified in 1999 – held worker not obliged to give notice of further injury to second employer – first employer liable for consequences of 1999 injury – no question of law Legislation Cited: Workers Compensation Act 1987 (NSW) Workers Compensation Legislation Amendment Act 2000 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Commissioner for Railways v Bain (1965) 112 CLR 246; [1965] HCA 5 Rico Pty Ltd v Road Traffic Authority (1992) 28 NSWLR 679 Sukkar v Adonis Electrics Pty Ltd [2014] NSWCA 459 Category: Principal judgment Parties: Holcim (Australia) Pty Ltd (Appellant/Applicant) Stephen Thomas (Respondent) Representation: Counsel: L King SC with S Grant (Appellant/Applicant) C T Barry QC with J Hallion (Respondent)