Goodman Fielder Ltd v Hickson [2008] NSWCA 69

Appeal Outcome: Appeal allowed by the High Court 12 March 2009 [2009] HCA 11

New South Wales Court of Appeal

CITATION: Goodman Fielder Ltd v Hickson [2008] NSWCA 69

HEARING DATE(S): 16 October 2007

JUDGMENT DATE: 24 April 2008

JUDGMENT OF: Giles JA at 1; Hodgson JA at 34; Hislop J at 44

DECISION: By majority, Hodgson JA dissenting: (1) Appeal allowed; (2) Set aside the answers to the questions, and in lieu thereof answer the questions - Q1(a) No, Q1(b) Does not arise, Q3 Does not arise; (3) Set aside any order as to costs of deciding the separate questions made by the trial judge and order that the defendant pay the plaintiff's costs of deciding the separate questions; (4) Respondent to pay appellant's costs of the appeal and have a certificate under the Suitors Fund Act.

CATCHWORDS: STATUTORY CONSTRUCTION - workers compensation - reduction for contributory negligence of workers compensation repayment to employer by worker - Workers Compensation Act s 151Z(1)(b) - Law Reform (Miscellaneous Provisions) Act 1965 Pt 3 - per majority s 10(2) Law Reform (Miscellaneous Provisions) Act 1965 requires court determination of reduction in action between worker and third party - Hodgson JA contra.

Law Reform (Miscellaneous Provisions) Act 1965 Workers Compensation Act 1926 LEGISLATION CITED: Workers Compensation Act 1987 Compensation to Relatives Act 1897 Law Reform (Miscellaneous Provisions) Amendment Act 2000 Interpretation Act 1987 (NSW)

Malec v J C Hutton Pty Ltd (1990) 169 CLR 638 Sellers v Adelaide Petroleum NL (1994) 179 CLR 332 CASES CITED: Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 Astley v AusTrust Ltd (1999) 197 CLR 1 Beecroft Bakeries Pty Ltd v Allen (1971) 3 DCR 34