Wilson v State Rail Authority of New South Wales [2010] NSWCA 198

New South Wales Court of Appeal

CITATION: Wilson v State Rail Authority of New South Wales [2010] NSWCA 198

HEARING DATE(S): 27 May 2010

JUDGMENT DATE: 16 August 2010

JUDGMENT OF: Allsop P at 1; Giles JA at 196; Hodgson JA at 197; Tobias JA at 202; Macfarlan JA at 203

1. The appeal be allowed. 2. The orders of the Court made on 17 June 2009 be set aside and in lieu thereof, the questions be reformulated and answered as follows: DECISION: (a) Do the provisions of Part 5 of the WC Act (including ss 151G and 151H) apply to the plaintiff's claim for damages?: No. (b) Do the provisions of Chapter 7 of the WIM Act require the plaintiff to demonstrate that he has suffered a 15 per cent permanent impairment before he is entitled to commence proceedings for damages?: No. (c) Are the plaintiff's proceedings maintainable?: Yes. 3. Submissions on costs be filed within 14 days.

CATCHWORDS: WORKERS COMPENSATION – entitlement to compensation – claim for damages at common law – injury received prior to 30 June 1987 – consideration of the application of Part 5 of the Workers Compensation Act 1987 and Chapter 7 of the Workplace Injury Management and Workers Compensation Act 1998 – Part 5 does not apply – work injury damages as defined in Chapter 7 is limited to claims in respect of injuries received on or after 30 June 1987 - STATUTORY INTERPRETATION – workers compensation legislation – effect of 2001 amendments – Workers Compensation Legislation Amendment Act 2001 – Workers Compensation Legislation Further Amendment Act 2001 – introduction of definitions into the Workplace Injury Management and Workers Compensation Act 1998 – "existing claim", "new claim", "new claim matter" and "work injury damages" - WORDS AND PHRASES – "work injury damages"