Waters v Commonwealth of Australia [2013] NSWCA 5

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Waters v Commonwealth of Australia [2013] NSWCA 5 Hearing dates: 31 January 2013 Decision date: 06 February 2013 Before: McColl JA at [1]; Basten JA at [2] Decision: (1) Dismiss the application for leave to appeal from the judgment and orders in the Common Law Division. (2) Order the applicant to pay the respondent's costs of the proceedings in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - civil - application for leave to appeal - whether errors in judgment below material - where wrong provision applied, need to consider prospects of different outcome under correct provision

TORT - claim for damages for injury arising in course of employment - whether claim extinguished by statute Legislation Cited: Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 4, 5A, 24, 25, 27, 44, 45 Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28 Cases Cited: Austral Pacific Group Ltd (In liq) v Air Services Australia [2000] HCA 39; 203 CLR 136 Telstra Corporation Ltd v Flynn [2002] NSWCA 315; 55 NSWLR 303 Category: Principal judgment Parties: Natalie Elizabeth Waters (Applicant) Commonwealth of Australia (Respondent) Representation: Counsel: