Newcrest Mining Limited v. Thornton
Case No.
P59/2011
Case Information
Lower Court Judgment
12/04/2011 Supreme Court of Western Australia (Court of Appeal)(Pullin JA, Murphy JA, Murray J)
Catchwords
Statutes — Construction — Contribution — Respondent injured in workplace accident — Settlement reached with employer and consent judgment entered — Respondent subsequently issued summons against applicant, owner of mine site at which respondent injured — Applicant sought and received summary judgment on ground that respondent already compensated for injury by employer and s 7(1)(b) of Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA) ("Act") precluded recovery of additional damages — Whether s 7(1)(b) of Act applies only to damages awarded following judicial assessment or also to judgments entered by consent — Whether Western Australia Court of Appeal ought to have followed decision of equivalent intermediate appellate court in respect of equivalent legislation — Nau v Kemp & Associates [2010] Aust Torts Reports 82-064.
Documents
09/12/2011 Hearing (SLA, Canberra by V/link to Perth)
23/12/2011 Notice of appeal
06/01/2012 Written submissions (Appellant)
06/01/2012 Chronology (Appellant)
27/01/2012 Written submissions (Respondent)
03/02/2012 Reply
01/06/2012 Hearing (Full Court, Canberra)
13/12/2012 Judgment (Judgment summary)