| DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY A MEMBER | |
CITATION: | Busways Group Pty Ltd v Chandi [2024] NSWPICPD 52 |
APPELLANT: | Busways Group Pty Ltd |
RESPONDENT: | Reji Chandi |
INSURER: | AAI Limited t/as GIO |
FILE NUMBER: | A1-W467/23 |
PRESIDENTIAL MEMBER: | Deputy President Elizabeth Wood |
DATE OF APPEAL DECISION: | 21 August 2024 |
ORDERS MADE ON APPEAL: | 1. The Member’s Certificate of Determination dated 16 August 2023 is confirmed. |
CATCHWORDS: | WORKERS COMPENSATION – alleged failure to give adequate reasons – Wang v State of New South Wales [2019] NSWCA 263; Musija v Kresa [2010] VSCA 163 applied – alleged failure to deal with submissions – Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184 applied – requirement to show error in factual determinations – Whiteley Muir & Zwanenberg Ltd v Kerr (1966) 39 ALJR 505 applied |
HEARING: | On the papers |
REPRESENTATION: | Appellant: |
| Mr T Grimes, counsel | |
| Hall & Wilcox Lawyers | |
| Respondent: | |
| Mr J Malouf, counsel | |
| Law Partners Personal Injury Lawyers | |
DECISION UNDER APPEAL: | |
MEMBER: | Ms J Snell |
DATE OF MEMBER’S DECISION: | 16 August 2023 |
INTRODUCTION AND BACKGROUND
Mr Reji Chandi (the respondent) was employed by Busways Group Pty Ltd (the appellant) as a bus driver. The respondent alleged that on 11 February 2019, while steering a tight steering wheel of a bus to the left, he experienced a click and felt immediate pain in his left shoulder and neck. He further alleged that, as a consequence of the left shoulder injury, he overused his right shoulder, and the overuse caused that shoulder to also became symptomatic.
The claim in respect of the allegation of injury to the left shoulder was accepted by the appellant. The appellant disputed, however, that the respondent suffered injury to the neck and that the right shoulder condition resulted from the left shoulder injury. The appellant further disputed that the respondent suffered any incapacity for work as a result of injury with the appellant and disputed whether the respondent had any entitlement to weekly compensation.
The respondent commenced proceedings and the dispute came to arbitration before a Member of the Personal Injury Commission (the Commission) on 24 April 2023. The arbitration hearing was not concluded on the day and the parties were directed to lodge written submissions.
The Member issued a Certificate of Determination on 16 August 2023 in which she found in favour of the respondent in respect of the injury to the neck and the consequential condition in the right shoulder, found that the respondent had no capacity for work, and determined that the respondent was entitled to weekly payments of compensation pursuant to s 38(2) of the Workers Compensation Act 1987 (the 1987 Act).
The appellant appeals the decision.
ON THE PAPERS
Section 52(3) of the Personal Injury Commission Act 2020 provides:
“(3) If the Commission is satisfied that sufficient information has been supplied to it in connection with proceedings, the Commission may exercise functions under this Act…
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- AGLC
- Busways Group Pty Ltd v Chandi [2024] NSWPICPD 52
- Case
- [2024] NSWPICPD 52
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the tribunal had indeed failed to provide adequate reasons for its decision, and whether it had properly considered the applicant's submissions. The court was required to consider the principles set out in Wang v State of New South Wales and Musija v Kresa in determining whether the tribunal's reasons were adequate. Additionally, the court needed to assess whether the tribunal had appropriately dealt with the applicant's submissions, as per the case of Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs. The applicant also argued that the tribunal had erred in its factual determinations, and the court was required to consider whether such errors were apparent.
The court found that the tribunal had provided sufficient reasons for its decision, and that the applicant had not demonstrated any error in the tribunal's factual determinations. The court held that the tribunal had adequately considered the submissions made on behalf of the applicant. In reaching its decision, the court emphasised the importance of providing reasons that allow for meaningful review, while also noting that the applicant must demonstrate an error in the tribunal's reasoning or findings. The applicant's application for judicial review was dismissed.
The court made no orders for costs, and the tribunal's decision remained in place. The applicant was not granted any relief in relation to its claim for judicial review. The case serves as a reminder of the high threshold that must be met for a party to successfully challenge a tribunal's decision on the basis of inadequate reasons or improper consideration of submissions.
Orders
Orders of the court
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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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