Burns v Norvic Food Processing Pty Limited [2010] NSWDC 178

New South Wales District Court

CITATION: Burns v Norvic Food Processing Pty Limited [2010] NSWDC 178

HEARING DATE(S): 4 August 2010

JUDGMENT DATE: 20 August 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1) S 85(3)(e) of the Accidents Compensation Act 1985 (Vic), in the form in which it applied to the plaintiff's claim, precluded him from an entitlement to claim compensation under that Act. His rights to damages in his claim against the defendant were therefore to be determined in accordance with common law principles of tortious liability. DECISION: 2) Paragraph 12 of the defence is struck out. 3) The defendant is to pay the plaintiff's costs of the motion.

CATCHWORDS: SUBSTANTIVE LAW: LEX LOCI DELICTI - Whether amendment to Victorian law made after the date of the plaintiff's injury affected his rights to claim common law damages

Accidents Compensation Act 1985 (Vic) LEGISLATION CITED: Workers Compensation Act 1987 (NSW) Workers Rehabilitation and Compensation Act 1986 (SA)

CASES CITED: Porter v Bonojero Pty Ltd [2002] VSC 265

PARTIES: Glenn Burns (Plaintiff) Norvic Food Processing Pty Limited (Defendant)

FILE NUMBER(S): 2009/00338859

COUNSEL: Mr M. Best (For the Plaintiff) Mr A. Fraatz (For the Defendant)

SOLICITORS: Carroll and O'Dea Lawyers (For the Plaintiff) Moray and Agnew Lawyers (For the Defendant)

JUDGMENT

1 In March 2001 the plaintiff lived in NSW and was employed in NSW by a company that operated in NSW. He was directed by his employer to work as a cleaner in meatworks operated by the defendant in Victoria. He commenced proceedings claiming damages for negligence against the defendant as the operator of the premises. He claimed that he contracted Q fever while working on those premises.