Athval Management Pty Ltd v Doherty

Athval Management Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of the Workers Compensation Commission. The dispute concerned the entitlement of Mr. Doherty to workers compensation for a physical injury he sustained.

The primary legal issue before the Court of Appeal was whether the Workers Compensation Commission had erred in law by misdirecting itself or failing to direct itself on crucial matters. Specifically, the court was required to determine whether the Commission had failed to make a necessary finding of fact regarding the meaning of "journey" as defined by s 10(4) of the *Workers Compensation Act 1987* (NSW), and how this definition interacted with Mr. Doherty's intention at the commencement of the journey.

The Court of Appeal found that the Commission had indeed erred in law. It held that the Commission had failed to make a finding of fact as to the worker's intention at the time the journey commenced, which was a necessary step in determining whether the injury arose out of or in the course of employment under s 10(4). The court emphasised that the statutory definition of "journey" required consideration of the worker's intention at the outset, and that the Commission's failure to address this element constituted a misdirection.

The Court of Appeal upheld the appeal, set aside the decision of the Workers Compensation Commission, and remitted the matter to the Commission for redetermination according to law.