Otto v Mackay Sugar Ltd & Anor [2011] QSC 305

Otto v Mackay Sugar Ltd & Anor [2011] QSC 215

Douglas J found in the first decision that the claimant had made a statutory claim for the same injury for which he subsequently sought to make a damages claim for, in circumstances where he was not entitled to make a claim for damages for that injury. In the second decision following on that basis, Douglas J found there was no “injury” and hence there was no claim for damages or entitlement as a “worker” for a “WRI”. In such circumstances s.316(4) of the Workers’ Compensation and Rehabilitation Regulation 2003 did not apply and costs were ordered against the applicant.

Brisbane Barrister – David Cormack

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