[1966] VR 242
CHATZIPANTELIS v GRIMWADE CASTINGS PTY LTD
SUPREME COURT OF VICTORIA FULL COURT
WINNEKE (1) CJ, BARRY (1) and GOWANS (1), JJ
9, 10, 21 June 1965
[1966] VR 242
Appeal — Misdirection — Negligence — Employee's common law action for damages — Workers compensation as alternative remedy — Irrelevant to mention alternative remedy.
Where the existence of workers compensation as an alternative remedy to a common law action is irrelevant to any issue between the parties, it is a misdirection by a trial judge for him in charging the jury in a common law action to explain to them the difference between a claim under the Workers Compensation Acts and a common law claim for damages for negligence.
Price v Glynea and Castle Coal and Brick Co (1915) 85 LJKB 1278; Rowe v Edwards (1934) 51 CLR 351; [1934] ALR 345; Fitzpatrick v Walter E Cooper Pty Ltd (1935) 54 CLR 200; [1936] ALR 29, and Croll v McRae (1930) 30 SR (NSW) 137, applied.
McCormick v New Zealand Shipping Co Ltd, [1947] NZLR 622, distinguished.
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[1966] VR 242
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