NSW Caselaw
Reported Decision : 67 NSWLR 187
New South Wales Court of Appeal
CITATION: KIMBERLY-CLARK AUSTRALIA PTY LTD v THOMPSON [2006] NSWCA 264 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 28 August 2006
JUDGMENT DATE: 21 September 2006
JUDGMENT OF: Ipp JA at 1; Bryson JA at 2; Basten JA at 9
DECISION: (1) Application for leave to appeal granted; (2) Appeal dismissed with costs.
CATCHWORDS: WORKERS COMPENSATION – Workplace Injury Management and Workers Compensation Act 1988 (NSW), ss 250 and Chapter 7 – meaning of "work injury damages" – extended definition of "worker" – whether nervous shock suffered by a spouse resulting from the death of her husband who died in the course of employment is "work injury damages" – whether compliance with Chapter 7 required
Law Reform (Miscellaneous Provisions) Act 1944 (NSW), s4 Workplace Injury Management Workers Compensation Act 1998 (NSW), ss 3, 4, 250, 251, 259, 260, 280A, 281, 311, 312, 313, 315, 318A Workers Compensation Act 1926 (NSW), s 6 LEGISLATION CITED: Workers Compensation Act 1987 (NSW), ss, 2A, 3, 7, 8, 151, 151E, 151F, 151G, 151P Workers Compensation Act 1916-1966 (Qld), s 3, 8, 9A Workers Compensation Commission Rules 2003 (NSW), r 80 Workmen's Compensation Act 1910 (NSW), s 2
Attileh v State Rail Authority (2005) 62 NSWLR 439 Berowra Holdings Pty Ltd v Gordon (2006) 80 ALJR 1214 Gifford v Strang Patrick Stevedoring Pty Ltd (2001) 51 NSWLR 606 Gifford v Strang Patrick Stevedoring Pty Ltd (2003) 214 CLR 269 Kendrick v Bluescope Steel (AIS) Pty Ltd (27 April 2006) CASES CITED: McDowell v Baker (1979) 144 CLR 413 Manufacturers' Mutual Insurance Ltd v G.E. Hooper (1987) 4 ANZ Insurance Cases 60-768 Rheem Australia Ltd v Manufacturers' Mutual Insurance Ltd [1984] 2 NSWLR 370 State Government Insurance Office (Qld) v Crittenden (1966) 117 CLR 412 Tame v New South Wales and Annetts v Australian Stations Pty Ltd (2002) 211 CLR 317 Technical Products Pty Ltd v State Government Insurance Office (Qld) (1988) 167 CLR 45 The Workers' Compensation Board (Qld) v Technical Products Pty Ltd (1988) 165 CLR 642
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