WorkCover Queensland v Amaca Pty Ltd

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, CRENNAN, KIEFEL AND BELL JJWORKCOVER QUEENSLAND  APPELLANTANDAMACA PTY LTD & ANOR  RESPONDENTSWorkCover Queensland v Amaca Pty Ltd [2010] HCA 3420 October 2010B10/2010ORDER1.        Appeal allowed with costs.2.Set aside the answers to questions 4 and 5 in the order of the Court of Appeal of the Supreme Court of Queensland made on 27 March 2009, and in their place order that questions 4 and 5 of the amended case stated be answered as follows: (a)Question 4:  No. (b)Question 5:  The respondents should pay the costs of the plaintiff WorkCover Queensland in the amended case stated before the Court of Appeal.On appeal from the Supreme Court of QueenslandRepresentationW Sofronoff QC Solicitor-General of the State of Queensland with K F Holyoak for the appellant (instructed by Bruce Thomas Lawyers)D F Jackson QC with R C Morton for the respondents (instructed by Holman Webb Lawyers and CLS Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSWorkCover Queensland v Amaca Pty Ltd Practice and procedure – Action – Death of worker – Survival of cause of action – Section 66(1) of Succession Act 1981 (Q) ("Succession Act") provided causes of action vested in deceased person shall survive for benefit of person's estate – Section 66(2) limited damages recoverable "in any action brought" where cause of action survives under s 66(1) – Whether s 66(1) creates new cause of action – Discussion of history of survival of causes of...