COYLE v DEPARTMENT OF EDUCATION AND TRAINING [2007] NSWCA 192

New South Wales Court of Appeal

CITATION: COYLE v DEPARTMENT OF EDUCATION AND TRAINING [2007] NSWCA 192

HEARING DATE(S): 27 April 2007

JUDGMENT DATE: 8 August 2007

JUDGMENT OF: Beazley JA at 1; Basten JA at 2; Hammerschlag J at 28

(1) Grant leave to appeal.

(2) Allow the appeal and:

(a) set aside the order of the Acting Deputy President made on 22 May 2006; DECISION: (b) in lieu thereof, dismiss the appeal from the determination of the arbitrator dated 30 March 2005, and

(c) order the Department to pay the employee's costs of the appeal to the Presidential member.

(3) Order the Department to pay the claimant's costs in this Court.

CATCHWORDS: CONTRACT – construction – settlement of claim – whether release from further liability – scope of dispute resolved to be understood by reference to context of agreement.WORKERS COMPENSATION – payment of agreed sum – whether agreement limited to specific period – additional claim made for further period – whether employer could contract out of liability under the Workers Compensation Act 1987 (NSW) - Workplace Injury Management and Workers Compensation Act 1998 (NSW), s234.

LEGISLATION CITED: Workers Compensation Act 1987 (NSW), ss 11A, 66, 66A, 87H, 234, Part 3, Div 9 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 65, 234, 294, 352, 353

Ashenden v Stewarts & Lloyds (Australia) Ltd [1972] 2 NSWLR 484 Australian Iron and Steel Pty Ltd v McAuley (unrep, NSWCA, 21 December 1984) CASES CITED: Department of Education and Training v Coyle [2006] NSWWCCPD 95 Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112 Qantas Airways Ltd v Gubbins (1992) 28 NSWLR 26 Vital Finance Corporation Pty Ltd v Taylor (1996) 40 NSWLR 25