Unilever Australia Ltd v Petrevska [2013] NSWCA 373

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Unilever Australia Ltd v Petrevska [2013] NSWCA 373 Hearing dates: 16 October 2013 Decision date: 11 November 2013 Before: Macfarlan JA at [1] Meagher JA at [38] Tobias AJA at [39] Decision: (1) Grant leave to appeal. (2) Direct the appellant to file, within seven days of today, a notice of appeal in the form of the draft supplied to the Court. (3) Appeal dismissed. (4) The appellant to pay the respondent's costs of the application for leave to appeal and of the appeal. [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 - six month time limit after injury received to commence claim for compensation - injury taken to have been received when worker first became aware of it - s 261(6) Workplace Injury Management and Workers Compensation Act 1998 - injury defined in Act as "personal injury arising out of or in the course of employment" - appellant worked in noisy conditions at factory operated by respondent - gradual onset of hearing loss - whether worker's opinion or belief that hearing loss causally related to noisy employment constitutes awareness where determination of the cause of a gradual hearing loss is a matter for expert opinion - whether worker only aware when received appropriate medical advice - discussion of concepts of awareness and knowledge Legislation Cited: Limitation Act 1969 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Certain Lloyd's Underwriters v Cross [2012] HCA 56; 87 ALJR 131 Commonwealth of Australia v Dinnison [1995] FCA 1176; 129 ALR 239 CRA Ltd v Martignago [1996] 39 NSWLR 13 Deming No 456 Pty Ltd v Brisbane Unit Development Corporation [1983] HCA 44; 155 CLR 129 Dovuro Pty Ltd v Wilkins [2003] HCA 51; 215 CLR 317 Federal Commissioner of Taxation v Unit Trend Services Pty Ltd [2013] HCA 16; 87 ALJR 588 Field v Field (Court of Appeal, 21 October 1981, unreported) Fletcher International Exports Pty Ltd v Lott [2010] NSWCA 63 Harris v Commercial Minerals Ltd [1996] HCA 49; 186 CLR 1 Inghams Enterprises Pty Ltd v Jones [2012] NSWWCCPD 17 Morris v Rawlings [2010] VSCA 306 Onesteel Reinforcing Pty Ltd v Sutton [2012] NSWCA 282 Vines v Djordjevitch [1955] HCA 19; 91 CLR 512 Wood v Glaxo Australia Pty Ltd [1994] 2 Qd R 431 Category: Principal judgment Parties: Unilever Australia Ltd (Appellant) Menka Petrevska (Respondent) Representation: Counsel: G M Watson SC/D Saul (Appellant) M Joseph SC/R Petrie (Respondent) Solicitors: Astridge and Murray (Appellant) Koutzoumis Lawyers (Respondent) File Number(s): CA 2013/37079 Decision under appeal Citation: Unilever Australia Limited v Petrevska Date of Decision: 2013-01-21 00:00:00 Before: Deputy President O'Grady File Number(s): A1-1220/11