Australia and New Zealand Banking Group Limited v Khullar

Australia and New Zealand Banking Group Limited was seeking to recover costs for benefits paid to an employee, Mr Khullar, under the Workers Compensation Act 1987 (the Act). The dispute centered around the bank's right to recover costs for workers compensation benefits paid to Mr Khullar following a workplace injury. The case was heard in the Supreme Court of New South Wales.

The legal issues before the court involved the interpretation of section 10(3)(c) of the Act, specifically whether the bank could recover costs for benefits paid to Mr Khullar after his injury, and whether the satisfaction of section 10(3A) of the Act could be considered in the context of a claim for recovery of costs. Additionally, the court had to consider the causation of two separate injuries and the relevance of matters not raised at first instance but considered on appeal, such as the decision in Brambles Industries Limited v Bell [2010] NSWCA 162.

The court found that the Arbitrator's decision dated 1 July 2019 was correct. The Arbitrator had considered the relevant provisions of the Act and had properly determined that the bank could not recover costs for the benefits paid to Mr Khullar. The court upheld the Arbitrator's finding that the bank's claim was barred by the satisfaction of section 10(3A) of the Act. Furthermore, the court agreed with the Arbitrator's assessment of causation regarding the two injuries, finding that the bank's argument on this point was not supported by the evidence.

The final orders of the court confirmed the Arbitrator’s decision dated 1 July 2019, dismissing the bank's claim for recovery of costs for benefits paid to Mr Khullar.