Workers' compensation – Contributory negligence - Worker recovers workers' compensation as a result of injury - Worker brings damages claim against third party tortfeasor - Damages claim settled - Employer seeks recovery of workers' compensation pursuant to Workers Compensation Act 1987 (NSW), s 151Z(1)(b) - Whether Law Reform (Miscellaneous Provisions) Act 1965 (NSW), s 10(2) operates to reduce amount of repayment on account of worker's contributory negligence where damages claim settled.
Statutes – Interpretation - Whether Law Reform (Miscellaneous Provisions) Act 1965 (NSW), s 10(2) operates on damages recovered by way of settlement - Whether reduction of repayment proportionate or by specific amount.
Words and phrases – "damages recoverable", "to the same extent".
Law Reform (Miscellaneous Provisions) Act 1965 (NSW) – ss 9, 10.
Workers Compensation Act 1987 (NSW) – s 151Z(1), (5).
Judgment date
Case number
S470/2008
Before
Gummow, Hayne, Heydon, Kiefel, Bell JJ
Catchwords