Goudappel v ADCO Constructions Pty Ltd [2013] NSWCA 94

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Goudappel v ADCO Constructions Pty Ltd [2013] NSWCA 94 Hearing dates: 28 March 2013 Decision date: 29 April 2013 Before: Bathurst CJ at [1]; Beazley P at [2]; Basten JA at [3] Decision: (1) Grant the applicant leave to appeal from the decision of the President of the Workers Compensation Commission answering the following question, Do the amendments to Division 4 of Part 3 of the Workers Compensation Act 1987 introduced by Schedule 2 of the Workers Compensation Legislation Amendment Act 2012 apply to claims for compensation pursuant to s 66 made on and after 19 June 2012 where a worker has made a claim for compensation of any type in respect of the same injury before 19 June 2012? (2) Allow the appeal and set aside the answer given in the Commission on 22 October 2012. (3) Answer the question as follows: The amendments to Division 4 of Part 3 of the Workers Compensation Act 1987 introduced by Schedule 2 of the Workers Compensation Legislation Amendment Act 2012 do not apply to claims for compensation pursuant to s 66 which are made before 19 June 2012 in respect of an injury that results in permanent impairment, whether or not the claim specifically sought compensation under s 66 or s 67 of the 1987 Act. (4) Order that the respondent pay the applicant's costs 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: WORKERS' COMPENSATION - meaning of "claim for compensation" - Workers Compensation Act 1987 (NSW), Sch 6, Pt 19H, cl 15 - whether "claim for compensation" referred to a claim for compensation generally or a claim specifically for lump sum compensation - where clause relates to amendments to lump sum compensation entitlements - where no statutory requirement to make a separate claim for lump sum compensation