Central West Group Apprentices Ltd v Coal Mines Insurance Ltd [2008] NSWCA 348

New South Wales Court of Appeal

CITATION: Central West Group Apprentices Ltd v Coal Mines Insurance Ltd [2008] NSWCA 348

HEARING DATE(S): 3 October 2008

JUDGMENT DATE: 12 December 2008

JUDGMENT OF: Allsop P at 1; Giles JA at 72; Bell JA at 73

DECISION: Appeal dismissed with costs.

CATCHWORDS: WORKERS COMPENSATION – COAL INDUSTRY – meaning of the expression "employer in the coal industry" – Workers Compensation Act 1987 (NSW), s 7A – company providing apprentices to industries generally, provided worker to coal mine – whether employer in the coal industry only because an employee of an employer was a coal miner – whether Coal Mines Insurance the relevant workers compensation insurer – commutation and redemption of payments – whether lump sum payment of compensation in pursuance of liability to pay compensation – whether lump sum in redemption of compensation – whether payment of compensation wholly or partially redeemed – whether redemption monies fell within insuring clause – whether effect of Gosper v Christopherson (1986) 160 CLR 423 legislatively overridden – Workers Compensation Act 1987 (NSW), s 15

Coal Industry Act 1946 (Cth) Coal Industry Act 1946 (NSW) Coal Industry Act 2001 (NSW) Coal Industry Repeal Act 2001 (Cth) Coal Mine Health and Safety Act 2002 (NSW) Mining Act 1992 (NSW) LEGISLATION CITED: Workers Compensation Act 1926 (NSW) Workers Compensation Act 1987 (NSW) Workers Compensation Legislation Amendment Act 1995 (NSW) Workers Compensation Legislation Amendment Act 1998 (NSW) Workers Compensation Legislation Amendment Act 2000 (NSW) Workers Compensation Legislation Amendment Act 2001 (NSW) Workers Compensation Legislation Further Amendment Act 2001 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW)