NSW Caselaw
Reported Decision: 76 NSWLR 379
New South Wales Court of Appeal
CITATION: Taylor v Centennial Newstan Pty Ltd [2009] NSWCA 276 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 25 June 2009
JUDGMENT DATE: 3 September 2009
JUDGMENT OF: Beazley JA at 1; Giles JA at 72; Basten JA at 86
1. Leave to appeal granted; 2. Allow the appeal; DECISION: 3. Set aside the orders of the primary judge; 4. Order that the respondent's notice of motion filed in the District Court be dismissed with costs; 5. Order that the respondent pay the appellant's costs of the appeal. Direct that the respondent have a certificate under the Suitors' Fund Act 1951, if so entitled.
CATCHWORDS: STATUTORY INTERPRETATION – the Workers Compensation Act 1987, s 151A(3)(b) – apparent oversight by legislature in the drafting of legislation – whether the court is entitled to substitute or change the words of a statutory provision in such circumstances – whether the phrase "District Court" should be substituted for "Compensation Court" where appearing in s 151A(3)(b) - WORKERS' COMPENSATION – proceedings to claim compensation – statutory regime applicable to coal miners different to the statutory regime applicable to non-coal miners – statutory requirement to elect whether to claim for common law damages or permanent loss compensation – whether a plaintiff had made that election
Acts Interpretation Act 1901 (Cth), s 15A Compensation Court Repeal Act 2002, Sch 7 Courts Legislation Amendment Act 2004 District Court Act 1973, Pt 3, Div 8A Dust Diseases Tribunal Act 1989 Income Tax Assessment Act 1936 (Cth) Interpretation Act 1987 LEGISLATION CITED: Police Regulation (Superannuation) Act 1906 Police Service Act 1990 Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 Workers Compensation Act 1987, s 3; s 151A(3); Sch 6, Pt 18, cl 3; Sch 6, Pt 18C Workers Compensation Legislation Amendment Act 2000 No 87 Workers Compensation Legislation Amendment Act 2001 No 61, Sch 6 Workers Compensation Legislation Further Amendment Act 2001 No 94, Sch 1.1 Workplace Injury Management and Workers Compensation Act 1998, s 4; s 105; Part 5
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