Earlier Cases // Injury Compensation

Date	Name Of Matter	Citation/Court	Details
2014
03/04/2014	Kelly v Humanis Group Limited	[2014] WADC 43	On appeal client was successful. At trial client was successful. Labour hire company client. Vicarious liablity for conduct of employee. Driver of haulpak truck injured at iron ore mine. Rear tray of haulpak struck by bucket of loader. Claim for damages against labour hire company who employed the loader driver. No negligence. Transfer of control of employee to mining contractor. Loader driver employee pro hac vice of the mining contractor. Labour hire company not vicariously liable for conduct of its employee
14/01/2014	St John of God Health Care v Austin	[2014] WASCA 11	On appeal client was not successful, but by majority decision. One appeal judge would have allowed the appeal in favour of health care company client. . At first instance client was not successful. Workers’ compensation. Worker failed to make election to retain right to claim damage before commencing proceedings for damages
2013
26/09/2013	McEwan v Director of Dispute Resolution	[2013] WASC 355	On appeal client was successful. At first instance client was not successful. Farm company client. Workers’ compensation. Application for writ of certiorari against Director. Failure to extend ‘termination day’ to enable worker to elect to claim damages
27/03/2013	Austin v The Electricity Networks Corporation [No 2]	[2013] WADC 41	On appeal client was successful. At trial client was successful. Electricity supplier client. Public liability. Trespasser in transformer compound at disused quarry. High voltage electricity. Electric shock from 22kV (22,000 volt) power lines to transformer. Loss of both legs. Engaged in criminal conduct. Defence under Offenders (Legal Action) Act 2000 (WA). Claim dismissed
05/02/2013	Thomas Peacock v Abreu	[2013] WASCA 19	On appeal client was successful. At first instance client was not successful. Bed manufacturer client. Employer’s liability. Limitation period. Writ issued more than 3 years after cause of action accrued. Whether limitation period under Limitation Act 2005 (WA) applied or was excluded by Workers’ Compensation and Injury Management Act 1981 (WA). Claim held to be statute barred. Action dismissed
2012
14/12/2012	Alinta 2000 Ltd v Petkov	[2012] WASCA 258	On application for leave to appeal client was not successful. At first instance client was not successful. Gas supplier client. Alleged injury from residential gas explosion. Substitution of new defendant permitted
12/09/2012	Taylor v Hanseatic Marine	[2012] WADC 136	At trial client was successful. Ship building company client. Employer’s liability. Employee working overseas on yacht and injured when travelling on a tender from harbour to the yacht. Whether foreseeable risk of injury. Whether breach of duty. Casual act of negligence. Causation
31/01/2012	Parlin v ChoiceOne Pty Ltd	[2012] WASCA 19	On appeal client was successful before Court of Appeal. At trial client was not successful. Labour hire company client. Work accident. Hired driller’s offsider injured from fire on drill rig at mine site. Plaintiff’s claim settled. De facto employer sought contribution from labour hire company as legal employer and concurrent tortfeasor. Ordered to pay 20%
2011
17/11/2011	Van der Velde v Halloran	[2011] WASCA 252	On appeal client was successful. Car crash. Failure of trial judge to give adequate reasons for decision. Dispute between medical experts about cause of plaintiff’s ongoing symptoms and disabilities. Trial judge found for the plaintiff but failed to give adequate reasons for, and did not address medical evidence that was against, his finding
23/06/2011	Divjakoski v Boral Window Systems	[2011] WASCA 134	On appeal client was successful. At trial client was successful. Window manufacturer client. Appeal dismissed from trial judgment dismissing claim for damages. Work accident. Hired labourer allegedly injured from fall on wet floor surface
23/04/2011	Thornton v Newcrest Mining Ltd	[2011] WASCA 92	On appeal client was not successful. Mining company client. Work accident at mine site. Worker settled claim against employer with entry of consent judgment that was satisfied. Then claimed in new action against occupier of mine site. Worker not precluded from proceeding with second claim.
2010
18/06/2010	Barns v Parlin Pty Ltd	[2010] WADC 92	On appeal client was successful. At trial client was not successful. Labour hire company client. Work accident. Hired driller’s offsided injured from fire on drill rig at mine site. Plaintiff’s claim settled. De facto employer sought contribution from labour hire company as legal employer and concurrent tortfeasor
31/05/2010	Brien v Hamersly Iron Pty Ltd	[2010] WADC 79	At trial client was successful. Mining company client. Work accident. Contract geologist. Received workers’ compensation in Victoria. Claimed damages for negligence in Western Australia. Held that worker required to have agreement as to or assessment of degree of permanent disability.
06/05/2010	Divjakoski v Boral Window Systems	[2010] WADC 60	On appeal client was successful. At trial client was successful. Window manufacturer client. Work accident. Hired labourer allegedly injured from fall on wet floor surface. No foreseeable risk of injury. No negligence and no incapacity to extent alleged. Finding of significant dishonesty by plaintiff.
03/11/2009	Jasmina Investments Pty Ltd v Vlahos	[2009] WASCA 190	On appeal client was successful. Motel operator client. Work accident. Injured knee when kneeling on bar stool and changing light globe. Ladder available but not used. Appeal allowed. Employer was not negligent. No causation
2006
31/03/2006	Marsden v Ydalia Holdings	[2006] WASCA 52	Cycling accident at border of work site. Alleged obvious risk
31/01/2006	James v Alinta Gas	[2006] WADC 6	Motor cycle accident. Liability of gas authority for conduct of third parties who moved gas pipes. An appeal to the Court of Appeal was allowed [2007] WASCA 155
13/01/2006	Skinner v Broadbent	[2006] WASCA 2	Car crash. Whether keys removed from ignition of moving car. Credibility finding. Adequacy of reasons for decision
2005
05/08/2005	Mokta v Metro Meats	[2005] WASCA 143	Workers compensation. Right to claim extinguished
20/05/2005	Commissioner of Main Roads v Jones	(2005) 79 ALJR 1104	Roads authority. Liability for failure to erect signs warning of straying wild animals in Kimberley region of Western Australia
2004
28/09/2004	Marsden v Ydalia Holdings	[2004] WADC 190	Cycling accident at border of work site. Alleged obvious risk
09/08/2004	FAI Insurance v Goulding	[2004] WASCA 167	Workers’ compensation. Psychiatric illness caused by workplace stress
28/05/2004	McCready v City of Geraldton	[2004] WADC 106	Local authority. Occupier’s liability.
23/04/2004	Skinner v Broadbent	[2004] WADC 74	Car accident. Dispute over whether crash caused by passenger removing ignition key from moving car.
2003
21/03/2003	Coatz v Westcourt Ltd	[2003] WASCA 49	Occupiers liability. Builder. Site cleaning contractor. An application has been made for special leave to appeal to the High Court
07/03/2003	Wylie v South Metropolitan College of TAFE	[2003] WASCA 34	Employer’s liability. Library assistant. Overwork. Psychiatric injury. An application has been made for special leave to appeal to the High Court
2002
05/12/2002	Mitchell v Canal Rocks Beach Resort	[2002] WASCA 331	Workers’ compensation. Burden of proof.
21/05/2002	Koljibabic v WMC Resources Ltd Hewiit v Benale Pty Ltd [2002] WASCA 163	[2002] WASCA 163	Work accident. Public liability. Exposure to acid fumes. An application has been made for special leave to appeal to the High Court
27/02/2002	Laurendi v Boral Contracting Pty Ltd	[2002] WADC 35	Public liability. Work accident.
01/02/2002	Wylie v South Metropolitan College of TAFE	[2002] WADC 17	Employer’s liability. Work accident.
2001
20/12/2001	Koljibabic v WMC Resources Ltd	[2001] WADC 202	Work accident. Public liability. Exposure to acid fumes.
14/09/2001	Brymac v Hall & Mladin Pty Ltd	[2001] WADC 217	Dispute between employers and their insurers. Recovery of injury compensation.
24/04/2001	Toolan v MTT	[2001] WASCA 131	Employer’s liability. Right to claim damages
22/02/2001	Chubb v Eke	[2001] WASCA 36	Workers’ compensation.
2000
10/11/2000	Boyes v Collins	[2000] WASCA 344	Legal professional privilege. Pre-trial disclosure of evidence.
03/11/2000	Hi-Tec Demolition v Mainline Demolition	[2000] WASCA 342	Workers’ compensation.
28/08/2000	Musgrove v Minister for Transport	[2000] WASCA 232	Employer’s liability. Right to claim damages. Workers’ compensation.
07/08/2000	United Construction Pty Ltd v Rizzo	[2000] WASCA 207	Workers’ compensation.
1999
08/09/1999	Kato Works Co Ltd v Benz	[1999] WASCA 165	Product liability – paraplegic
22/02/1999	Jones v Bartlett	WA Full Court	Liability of landlord. Injury to occupant.
1998
08/12/1998	Benz v Petersville Pty Ltd	District Court of WA	Product liability. Special costs orders.
12/11/1998	EMS Holdings Pty Ltd v International Shipyards	WA Full Court	Injury compensation. Employer’s dispute.
12/08/1998	Bailey v Climaze Pty Ltd	Supreme Court of WA	Cross vesting application.
14/07/1998	Benz v Petersville Pty Ltd	District Court of WA	Product liability.
13/05/1998	Frichot v Zalmstra & Anor	WA Full Court	Fatal accident – Car crash liability
1997
21/11/1997	Morrissey v Nigoscik	WA Full Court	Car crash liability
22/07/1997	Sullivan v Mavromatidis	WA Full Court	Car crash liability
19/06/1997	Jovista Pty Ltd v Tsahuridis	WA Full Court	Employer’s liability. Brain damage
03/06/1997	Boyd v Fremantle Steel Fabrications Co	WA Full Court	Employer’s liability
15/05/1997	Frichot v Zalmstra & Dwyer	District Court of WA	Fatal Accidents Act. Car crash liability
28/02/1997	Watson v Wiluna Gold Pty Ltd	District Court of WA	Occupier’s liability.
1996
19/12/1996	Semini v Aquarium City	WA Full Court	Employer’s liability.
11/10/1996	Tsahuridis v Jovista Pty Ltd	District Court of WA	Employer’s liability
04/10/1996	Desmond v Atelier Furniture Pty Ltd	District Court of WA	Employer’s liability
20/09/1996	Boyd v Fremantle Steel Fabrication (WA)	District Court of WA	Employer’s liability.
19/09/1996	Trimboli v Prima Homes Nominees Pty Ltd	WA Full Court	Employer’s liability
19/07/1996	Semini v Aquarium City	WA Full Court	Employer’s liability. Appeal. Fresh evidence
27/02/1996	Zadko v Hilton Hotel	SA Full Court	Public liability.
17/01/1996	Mauri v Sheridan	District Court of WA	Car crash liability
1995
03/11/1995	Trimboli v Prima Homes Nominees Pty Ltd	District Court of WA	Occupier’s liability.
03/11/1995	Thomas & Smith Cleaning Services v Radich	Supreme Court of WA Full Court	Workers’ compensation.
21/07/1995	Ingham v Eastough & Son	WA Full Court	Employer’s liability.
12/05/1995	Blakiston v Skippers Transport	WA Full Court	Public liability
19/04/1995	Wilson v Allen	Supreme Court of WA	Car crash liability
12/01/1995	Semini v Aquarium City	District Court of WA	Employer’s liability.
1994
13/05/1994	Gorman v Powderhill	District Court of WA	Car crash liability
28/02/1994	Ingham v L Eastough & Son Pty Ltd	District Court of WA	Employer’s liability
12/02/1994	Blakiston v Skippers Transport Pty Ltd	District Court of WA	Occupier’s liability
1993
15/12/1993	Dass v Nguyen	District Court of WA	Car crash liability
02/12/1993	Pope v Crane	District Court of WA	Occupier’s liability
26/11/1993	Brown v Coccaro	WA Full Court	Dog bite. Procedure (extension of validity of writ).
29/09/1993	Burges v Wyness Pty Ltd	District Court of WA	Occupier’s liability
24/09/1993	Fyfe v Pioneer Concrete (WA) Pty Ltd	District Court of WA	Public liability
16/06/1993	Paget v Middleditch	WA Full Court	Car crash liability
22/01/1993	Long v John Deere Pty Ltd	Supreme Court of WA	Mesothelioma. Equity. Misrepresentation
1992
23/12/1992	Brown v Coccaro	District Court of WA	Dog bite. Procedure (extension of validity of writ).
08/12/1992	Wilson v Edcom Contractors	Workers’ Compensation Board	Workers’ compensation.
18/09/1992	Long v John Deere Pty Ltd	Supreme Court of WA	Mesothelioma. Equity. Misrepresentation.
26/08/1992	Benfield v Australian National Railways Commission, WA Government Railways Commission	WA Full Court	Occupiers Liability. Procedure
1991
20/11/1991	Valerius v Permanent Trustees	District Court of WA	Occupier’s liability
08/05/1991	Edward Gittos v Downey	Workers’ Compensation Board	Workers’ compensation
22/03/1991	Bristile v Boules	District Court of WA	Mesothelioma. Insurance
22/01/1991	Hayes v Czerkasow	WA Full Court	Car crash liability
1990
22/11/1990	Mifsud v SGIC	District Court of WA	Car crash liability
19/03/1990	Moralee v Mosey	WA Full Court	Car crash liability
1989
07/12/1989	Hughes v Harris	District Court of WA	Car crash liability
21/11/1989	Galich v Green	District Court of WA	Car crash liability
08/11/1989	Taylor v Nowack	District Court of WA	Car crash liability
26/07/1989	Gilligan v Pinili	District Court of WA	Car crash liability
25/07/1989	Peterson v Jones	District Court of WA	Car crash liability
22/06/1989	Klimoski v Water Authority – Davidse	District Court of WA	Car crash liability
21/04/1989	Mosey v Moralee	District Court of WA	Car crash liability
11/04/1989	Martin v Vann	District Court of WA	Car crash liability
23/03/1989	Renel v Ostrowski	District Court of WA	Car crash liability
23/03/1989	Federici v Woods	District Court of WA	Car crash liability
24/02/1989	Wrightson v Gordin	WA Full Court	Car crash liability
07/02/1989	Ensor v Fischer-Rasmussen	District Court of WA	Car crash liability
27/01/1989	Perrin v Morgan	WA Full Court	Car crash liability
1988
15/11/1988	Short v McComb	WA Full Court	Car crash liability
11/10/1988	Farquhar v Ripani	District Court of WA	Car crash liability
22/09/1988	Murphy – Young v Zeck	District Court of WA	Car crash liability
06/07/1988	TVW v CE Heath – NZI – Makowski	Workers’ Compensation Board	Workers’ compensation. Employers’ dispute
25/05/1988	Short v McComb	District Court of WA	Car crash liability
18/05/1988	Morgan v Perrin	District Court of WA	Car crash liability
11/05/1988	Byrne v Cifuentes	WA Full Court	Car crash liability
10/05/1988	Federici v Woods	WA Full Court	Car crash liability
07/04/1988	Evans v SGIC	District Court of WA	Car crash liability
1987
06/11/1987	Schuster v Signorile	WA Full Court	Car crash liability. Causation
06/11/1987	Allen v Fountain	WA Full Court	Car crash liability
07/09/1987	Pappagallo v Doak	District Court of WA	Car crash liability
03/09/1987	Frederici v Woods	District Court of WA	Car crash liability
21/08/1987	Murgatroyd v Nuich	District Court of WA	Car crash liability
19/08/1987	Franich v Smith	District Court of WA	Car crash liability
06/08/1987	McMahon v Goldsborough	District Court of WA	Car crash liability
29/07/1987	Cifuentes v Byrne	District Court of WA	Car crash liability
29/05/1987	Hepple v Samwell	District Court of WA	Car crash liability
28/05/1987	Houghton v Taseff	District Court of WA	Car crash liability
22/05/1987	Read v Car crash liability	Car crash liability	WA Full Court
18/05/1987	Carroll v Curelic	District Court of WA	Car crash liability
11/03/1987	Morey v Holmes	WA Full Court	Car crash liability
28/02/1987	Perzylo v Mayo	District Court of WA	Car crash liability
1986
10/12/1986	Addison v Hingston	District Court of WA	Car crash liability
05/12/1986	Western Mining v Bouyer	WA Full Court	Employer’s liability
07/11/1986	Payet v Polsen	District Court of WA	Car crash liability
13/08/1986	Boston v Ferraloro	WA Full Court	Car crash liability
18/07/1986	Atanasov v Kickett	District Court of WA	Car crash liability
03/06/1986	Bouyer v Western Mining	District Court of WA	Employer’s liability
10/04/1986	Morey v Holmes	District Court of WA	Car crash liability
27/03/1986	Whatman v Callow	District Court of WA	Car crash liability
27/03/1986	Renel v Aherns	Workers’ Compensation Board	Workers’ compensation
24/03/1986	Barjaktarevic v Ronzan Engineering	District Court of WA	Work site accident. Employer’s liability. Occupier’s liability
17/02/1986	Frisina v Perry	District Court of WA	Car crash liability
1985
29/11/1985	Tinsley v Reynolds	WA Full Court	Car crash liability
01/11/1985	Williams v Bell Basic – Jaxon – Lowes	District Court of WA	Fatal accident. Work site. Employer’s liability. Occupier’s liability
26/07/1985	Pisano v Broderick – Butterfield – Oliver	District Court of WA	Car crash liability
12/06/1985	Reynolds v Tinsley	District Court of WA	Car crash liability
26/04/1985	Anastas v Smith	District Court of WA	Car crash liability
23/04/1985	Shire v City of Cockburn	Workers’ Compensation Board	Workers’ compensation
12/04/1985	Carter v Blazevski	District Court of WA	Car crash liability
27/03/1985	McManus v Betty	District Court of WA	Car crash liability
13/02/1985	St Annes’ Hospital v Vella	WA Full Court	Workers’ compensation
1984
18/12/1984	Matthews v Hope	District Court of WA	Car crash liability. Infant. Brain damage
20/11/1984	Martin v MacFadyn & Johns	Supreme Court of WA	Workers’ compensation. Recovery from tortfeasor
02/08/1984	Stojic v Forward Johns Pty Ltd	Workers’ Compensation Board	Workers’ compensation
12/07/1984	Fremantle Fishermen’s Co-operative Society Ltd v Rafala	WA Full Court	Workers’ compensation
22/06/1984	Hunt & Baird v Cartwright Industries	District Court of WA	Aircraft crash.
1982
14/09/1982	Goldman v Department of Corrections	Workers’ Compensation Board	Workers’ compensation
30/08/1982	Al Condo Homes v Barnes	[1982] WCR 133	Workers’ compensation
1981
27/05/1981	Arnott Mills & Wares Pty Ltd v Smargiassi	Workers’ Compensation Board	Workers’ compensation