Bunnings Group Limited v Harrison

The appeal before the court involved Bunnings Group Limited, the appellant, and Harrison, the respondent, regarding an injury claim under the Workers Compensation Act 1987. The primary issue was whether the respondent's delay in making the claim was due to ignorance, mistake or other reasonable cause as per section 261(6) of the Workplace Injury Management and Workers Compensation Act 1998. The court was also tasked with determining the deemed date of the injury in accordance with section 261(4) of the same act.

The legal issues required the court to consider the principles established in State of New South Wales v Culhana [2025] NSWCA 157 and Haddad v The GEO Group Australia Pty Ltd [2024] NSWCA 135. Specifically, the court had to determine the relevance of the respondent's awareness of the injury in light of the deemed date of injury, as well as the correct approach to assessing the delay in the claim. The court considered whether the delay in making the claim for compensation was due to ignorance, mistake or other reasonable cause, and if the respondent's awareness of the injury pre-dated the deemed date of injury.

The court concluded that the delay in making the claim was not due to ignorance, mistake or other reasonable cause. The respondent's awareness of the injury prior to the deemed date of injury was not relevant under section 261(6) of the 1998 Act. The court found that the appeal was well-founded and allowed it, setting aside the decision of the Primary Judge and remitting the matter to the Workers Compensation Commission for further consideration in light of the court's findings. The court did not make any orders as to costs.