NSW Caselaw
GLAMBED (Trading as EXPERT DECORATIVE SERVICES) v KLAPPIS SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
PRIESTLEY, CLARKE and HANDLEY JJA 10 April 1995, 25 May 1995
[1995] NSWCA 177
WORKERS COMPENSATION ACT APPEAL — STATUTORY CONSTRUCTION — s151Z(1)(c) FACTS The applicant sustained an injury within the meaning of the Workers' Compensation Act 1987 between his home and place of work. On 24 April 1988, the applicant commenced proceedings under the Motor Accidents Act 1988 and was paid some benefits under that Act. On 24 October 1989 the applicant commenced proceedings for damages in the District Court.
ISSUE
Whether the payments under the Motor Accidents Act precluded the applicant from proceeding to obtain workers' compensation by virtue of the operation of s151Z(1)(c) of the Workers' Compensation Act 1987?
Held (per Clarke JA; Priestley and Handley JJA concurring) Appeal dismissed for the reasons set out in Sanders v Nadow Training Program Ltd (Court of Appeal, 25 May 19951 unreported).
Priestley JA Like Sanders v Nadow Training Program Ltd, judgment in which was delivered this morning, this appeal raises questions of interpretation of s151Z(1) of the Workers Compensation Act 1987. Again, I have had the benefit of reading in draft the reasons of Clarke JA, and again I agree generally with him.
In the last paragraph of Clarke JA's reasons he refers to an argument about Transcover relied on by the appellant. For the reasons which, in Sanders, I relied on in addition to those of Clarke JA in that case, I do not think the appellant's Transcover argument is of any help to the appellant in this appeal.
I agree with the orders proposed by Clarke JA.
Clarke JA The following facts were agreed between the parties for the determination of a preliminary issue at first instance
"(1) On 4 November 1987 the applicant was on a journey within the meaning of the Workers' Compensation Act 1987 (the Act') between his place of abode and his place of employment;
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