J C Equipment Hire Pty Ltd v The Registrar of the Workers Compensation Commission of NSW [2008] NSWCA 43

Reported Decision: 70 NSWLR 7045 DDCR 403

New South Wales Court of Appeal

CITATION: J C Equipment Hire Pty Ltd v The Registrar of the Workers Compensation Commission of NSW [2008] NSWCA 43

HEARING DATE(S): 7 March 2008

JUDGMENT DATE: 31 March 2008

JUDGMENT OF: Tobias JA at 1; Campbell JA at 81; Bell JA at 82

(a) Appeal allowed; (b) Set aside the orders made by Associate Justice Malpass on 20 April 2007; DECISION: (c) Remove Matter No. 8070-06 from the Workers Compensation Commission of New South Wales to this Court; (d) The determination of the Delegate of the Registrar of the Commission that the pre-filing statement served by the respondent on the appellant on 10 August 2006 was not defective be quashed; (e) Remit the question of whether the said pre-filing statement was defective to the Registrar of the Commission for re-determination in accordance with the reasons of this Court; (f) The respondent to pay the costs of the appellant of the summons filed on 26 September 2006 and of the appeal but to have with respect to the latter a certificate under the Suitor's Fund Act 1951, if otherwise qualified.

CATCHWORDS: Workers compensation – Lump sum compensation – Work injury damages – Whole person impairment – Permanent impairment – Whether acceptance of degree of whole person impairment for purposes of s 66 claim constituted acceptance for purposes of work injury damages claim– Legislative history of claims by injured workers in NSW – Dichotomy between statutory compensation and work injury or common law damages – Estoppel by conduct – Whether party estopped from denying degree of whole person impairment in respect of one claim when it agreed in respect of another.