Ergon Energy Corporation Limited v. Rice-McDonald & Ors

The applicant employer, Ergon Energy, appealed against the decision of the respondents to grant Mr Bathe, its employee, workers compensation for lung cancer caused by passive smoking in the workplace. The applicant appealed on various administrative law grounds, including that the Tribunal below had failed to provide sufficient reasons for its decision and that the Tribunal's decision was so unreasonable that no reasonable decision-maker could have come to it (ie. Wednesbury unreasonableness).

The Supreme Court dismissed the applicant's appeal, upholding the Tribunal's decision that Mr Bathe had suffered an injury in the relevant sense under the statute and that the injury was lung cancer caused by exposure to second-hand smoke in the workplace.


Ergon Energy Corporation Limited v. Rice-McDonald & Ors [2009] QSC 213 (5 August 2009)

  • Australia
  • Aug 5, 2009
  • Supreme Court at Brisbane


Plaintiff Ergon Energy Corporation Limited


  • Dr Glenn Rice-McDonald
  • Dr John Armstrong
  • Dr William Oliver
  • Graham Anders Bathe
  • Q-Comp

Legislation Cited

Acts Interpretation Act 1954 (Qld)

WorkCover Queensland Act 1996 (Qld)

Workers' Compensation and Rehabilitation Act 2003 (Qld)

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues


Type of Tobacco Product