BROWN -v- METRO MEAT INTERNATIONAL LTD [2000] WASCA 123

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2000] WASCA 123
Court:	THE FULL COURT (WA)
Case No:	FUL:155/1999	Heard:	24 MARCH 2000
Coram:	KENNEDY J PARKER J WHEELER J	Delivered:	11/05/00
No of pages:	13	Judgment Part:	1 of 1
Result:	Decision of Compensation Magistrate set aside Appeal to Compensation Magistrate's Court dismissed
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Parties:	APRIL GAY BROWN METRO MEAT INTERNATIONAL LTD
Catchwords:	Workers' compensation Appeal from decision of Review Officer to Compensation Magistrate's Court Whether question of law involved in appeal to Magistrate Discretionary decision Evidence Disclosure of video surveillance material Whether party should be compelled to disclose prior to hearing Fairness Credit Prejudice
Legislation:	Workers' Compensation and Rehabilitation Act 1981 (WA), s 62, s 71, s 84ZA(2), s 84ZB(3), s 84ZI, s 84ZN, s 84ZW
Case References:	Khan v Armaguard [1994] 1 WLR 1204 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Forsayth NL v Australasian Gold Mines NL (No 1) (1992) 7 WAR 549 Howard Porter 1936 Pty Ltd v Donnelly, unreported; Compensation Magistrate (CM 56/97); 4 March 1998 Kuligowski v Metrobus, unreported; Compensation Magistrate (CM 69/96); 11 March 1997

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : BROWN -v- METRO MEAT INTERNATIONAL LTD [2000] WASCA 123 CORAM : KENNEDY J

PARKER J

WHEELER J

HEARD : 24 MARCH 2000 DELIVERED : 11 MAY 2000 FILE NO/S : FUL 155 of 1999 BETWEEN : APRIL GAY BROWN

Appellant

AND

METRO MEAT INTERNATIONAL LTD

Respondent

Catchwords:

Workers' compensation - Appeal from decision of Review Officer to Compensation Magistrate's Court - Whether question of law involved in appeal to Magistrate - Discretionary decision

Evidence - Disclosure of video surveillance material - Whether party should be compelled to disclose prior to hearing - Fairness - Credit - Prejudice

Legislation:

Workers' Compensation and Rehabilitation Act 1981 (WA), s 62, s 71, s 84ZA(2), s 84ZB(3), s 84ZI, s 84ZN, s 84ZW

(Page 2)

Result:

Decision of Compensation Magistrate set aside

Appeal to Compensation Magistrate's Court dismissed

Representation:

Counsel:

Appellant : Mr B L Nugawela

Respondent : Mr T Lampropoulos

Solicitors:

Appellant : D'Angelo & Partners

Respondent : Srdarov Richards Burton

Case(s) referred to in judgment(s):

Khan v Armaguard [1994] 1 WLR 1204

Case(s) also cited:

Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139
Forsayth NL v Australasian Gold Mines NL (No 1) (1992) 7 WAR 549
Howard Porter 1936 Pty Ltd v Donnelly, unreported; Compensation Magistrate (CM 56/97); 4 March 1998
Kuligowski v Metrobus, unreported; Compensation Magistrate (CM 69/96); 11 March 1997

(Page 3)

1 KENNEDY J: I have had the advantage of reading in draft the reasons to be published by Wheeler J. I am entirely in agreement with those reasons and with the orders proposed.

2 PARKER J: I respectfully agree with the decision and reasons to be published by Wheeler J.

WHEELER J

The Appeal

3 This is an appeal under…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2000] WASCA 123
Decision Date: 11 MAY 2000

CaseChat Overview and Summary

In Brown v Metro Meat International Ltd, the matter before the court involved an appeal from a decision of a Review Officer to the Compensation Magistrate's Court. The dispute centred on workers' compensation and the question of whether a question of law was involved in the appeal to the Magistrate. The appeal was filed by the employer, Metro Meat International Ltd, which sought to challenge the Review Officer's decision that it had breached its statutory obligations under the Workers Compensation Act. The employee, Mr Brown, argued that the Review Officer's decision was correct and sought to have the appeal dismissed.

The legal issues the court had to decide included whether the appeal to the Compensation Magistrate's Court involved a question of law, the employer's obligation to disclose video surveillance material before the hearing, and the fairness of compelling disclosure before the hearing. The court had to consider whether the Review Officer's decision involved a question of law that warranted the Magistrate's review and whether it was fair and just to compel the employer to disclose the video surveillance material before the hearing.

In its decision, the court held that the Review Officer's decision did not involve a question of law and, therefore, the appeal to the Compensation Magistrate's Court was dismissed. The court found that the employer had not acted unreasonably in failing to disclose the video surveillance material before the hearing. The court also held that it was not unfair or unjust to compel the employer to disclose the video surveillance material before the hearing, as it was necessary to ensure that the parties had all relevant evidence before them. The court found that the employer had not acted unreasonably in failing to disclose the video surveillance material before the hearing and that it was not unfair or unjust to compel disclosure before the hearing. Therefore, the decision of the Compensation Magistrate was set aside, and the appeal to the Compensation Magistrate's Court was dismissed.

Orders

Orders of the court

Decision of Compensation Magistrate set aside

Appeal to Compensation Magistrate's Court dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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