JRA LTD (FORMERLY KNOWN AS LEYLAND MOTOR CORPORATION OF AUSTRALIA LTD) v KASLIK [1996] NSWCA 283

JRA LTD (FORMERLY KNOWN AS_ LEYLAND MOTOR CORPORATION OF AUSTRALIA LTD) v KASLIK

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY P, MEAGHER and POWELL JJA 22 April 1996, 22 April 1996 [1996] NSWCA 283

Worker's back injury — Common law trial — Subsequent proceedings in Compensation Court

Mahoney P This is an appeal from the Compensation Court, from a decision given by Armitage CCJ on 10 March 1995. The circumstances are set forth in the judge's judgment and the arguments are dealt with in detail in the written submissions that have been prepared by Mr Coombs QC for the appellant company and by Mr Joseph SC for the respondent. I shall not rehearse in detail the facts as detailed in the judge's judgment and elsewhere. The arguments are set forth in significant detail in the written submissions of counsel for which the court is grateful. I shall state the basic facts only in so far as it is necessary to indicate the background against which the court's decision must be understood.

The applicant worker, the respondent in the present proceedings, was employed by the appellant company for a number of years. He alleged that he had suffered an injury to his back on 29 January 1980. Upon the basis of that allegation, he brought proceedings against the company under the Common Law. His claim was tried in the Supreme Court before Campbell J and a jury. In March 1987 the jury gave a verdict for the defendant.

The applicant worker subsequently pursued proceedings in the Compensation Court against the company claiming worker's compensation. Worker's compensation payments by way of periodical payments had been made for a substantial number of years up to the end of the Common Law trial. Then, for reasons which no doubt were understandable to the persons then concerned, the payments were stopped. No doubt the applicant's claim for compensation was prompted by the cessation of periodical payments. But, however that be, the claim for compensation which the applicant worker has made came before Armitage CCJ for decision on 10 March 1995.