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Victorian WorkCover Authority v Esso Australia Ltd

[2001] HCA 53
Judgment date
Case number
M101/2000
Before
Gleeson CJ, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Accident compensation – Workers compensation - Section 138 of the Accident Compensation Act 1985 (Vic) confers an entitlement to indemnification upon employers or insurers who have paid or are liable to pay compensation - Section 60(1) of the Supreme Court Act 1986 (Vic) provides for damages in the nature of interest in respect of any proceeding for the recovery of debt or damages - Whether a proceeding to establish amount of indemnification under s 138 is a proceeding for the recovery of debt or damages.

Words and phrases – "debt or damages".

Accident Compensation Act 1985 (Vic) – s 138.

Supreme Court Act 1986 (Vic) – s 60.

Files
53.rtf (77.03 KB)
53.pdf (170.42 KB)