Robert Porter v Workcover Authority of New South Wales [2011] NSWDC 108

District Court New South Wales

Medium Neutral Citation: Robert Porter v Workcover Authority of New South Wales [2011] NSWDC 108 Decision date: 07 July 2011 Jurisdiction: Civil Before: Cogswell SC DCJ Decision: Verdict and judgment for the defendant Catchwords: CIVIL LAW - plaintiff claims entitlement to both worker's compensation and damages - plaintiff suffered injury after attending State Emergency Service conference - paid compensation by WorkCover as a result of injury under Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 - also sued State Emergency Service for damages in negligence - claim settled - insurer for the defendant paid to Workcover from the settlement money the amount the plaintiff had received in compensation - whether WorkCover and the State of NSW both the Crown - interpretation of s 151Z Workers Compensation Act 1987 - identity of "person other than the worker's employer" liable to pay damages in respect of an injury Legislation Cited: Crown Proceedings Act 1988 s 3, s 5(a) Environmental Trust Act 1988 s 5 Interpretation Act 1987 State Emergency Services Act 1989 s 7(1) Sydney Olympic Park Authority Act 2001 s 5 Workers Compensation Act 1987 s 151A, s 151Z Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 s 32 Workplace Injury Management and Workers Compensation Act 1988 s 14 Cases Cited: Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 SAS Trustee Corporation v Budd [2005] NSWCA 366 State Bank of NSW v Commonwealth Savings Bank of Australia (1986) 161 CLR 639 Tamerji v Rhee (2008) 73 NSWLR 1 Turner v George Weston Foods Limited (2007) 4 DDCR 571 Category: Principal judgment Parties: Robert Porter Workcover Authority of New South Wales Representation: Mr BG McManamey for the plaintiff Mr NE Chen for the defendant File Number(s): 2010/243682