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Chowdhury v ISS Security Pty Ltd

Chowdhury v ISS Security Pty Ltd

Case [2025] WADC 65 26 September 2025

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JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL

LOCATION:   PERTH
CITATION:   CHOWDHURY -v- ISS SECURITY PTY LTD [2025] WADC 65
CORAM:   CURWOOD DCJ
HEARD:   3, 18 SEPTEMBER 2024, 9 APRIL 2025, WRITTEN SUBMISSIONS 23 APRIL & 30 APRIL 2025
DELIVERED          :   26 SEPTEMBER 2025
FILE NO/S:   APP 35 of 2024
BETWEEN:   MOINUL CHOWDHURY
Appellant
AND
ISS SECURITY PTY LTD
Respondent

ON APPEAL FROM:
Jurisdiction              :   WORKERS COMPENSATION ARBITRATION SERVICE
Coram:   ARBITRATOR WALLBRIDGE
File Number            :   A116286

Catchwords:

Appeal - Workers' compensation - Whether appellant suffered an 'injury' within the meaning of s 5 of the Workers' Compensation and Injury Management Act 1981 (WA) - Expert evidence - Credibility findings made by arbitrator - Acceptance of expert evidence - Whether arbitrator made error of law in failing to find that the appellant's psychiatric disease was caused by his employment -

Legislation:

Workers' Compensation Act 1987 (NSW)
Workers' Compensation and Injury Management Act 1981 (WA)
Workers' Compensation and Injury Management Act 2023 (WA)

Result:

Leave to appeal granted on ground 2
Leave to appeal refused on grounds 1, 3 - 14
Appeal dismissed

Representation:

Counsel:

Appellant	:	In person
Respondent	:	Mr C C Rimmer

Solicitors:

Appellant	:	Not applicable
Respondent	:	Sparke Helmore Lawyers

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

Anderson v Mercy Hospital Mount Lawley [2020] WASCA 42
Atanasoska v Inghams Enterprises Pty Ltd [2009] WASCA 17
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Beer v Duracraft Pty Ltd [2004] WASCA 192
BHP Billiton Iron Ore Pty Ltd v Brady [2008] WASCA 250
Department of Education v Azmitia [2014] WADC 85
Federal Broom Co Pty Ltd v Semlitch (1962) 110 CLR 626
Fisher v Nonconformist Pty Ltd [2024] NSWCA 32
Fox v Percy (2003) 214 CLR 118
Kipoi Holdings Mauritius Ltd v Robert Michael Kirman and Robert Conry Brauer as joint and several administrators of Tiger Resources Ltd (subject to Deed of Company Arrangement) [No 4] [2024] WASCA 145
March v E & MH Stramare Pty Ltd (1991) 171 CLR 506
Marks v Coles Supermarkets [2021] WASCA 176
Paridis v Settlement Agents Supervisory Board [2007] WASCA 97; (2007) 33 WAR 361
Pilbara Iron Company (Services) Pty Ltd v Suleski [2017] WADC 114
Skinner v Broadbent [2006] WASCA 2
St Mary's School v Askwith [2011] VSCA 90; (2011) 206 IR 414
State Transit Authority of New South Wales v Fritzi Chemler [2007] NSWCA 249
Summit Rural (WA) Pty Ltd v Lenane Holdings Pty Ltd [2024] WASCA 122

CURWOOD DCJ:

Introduction and overview

The appellant, Moinul Chowdhury was employed by the respondent, ISS Facility Services Australia Pty Ltd (ISS), as an 'aviation protection officer' at Perth Airport from 2016 until May 2022. Before 2016 he worked for ISS at Darwin airport. He moved to Perth looking for further employment opportunities with ISS after ISS lost its contract for services at Darwin airport.
Mr Chowdhury claimed he suffered physical injury and a stress‑related mental disorder in the course of his employment with ISS. On 6 May 2022 Mr…

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.

Continue reading Chowdhury v ISS Security Pty Ltd

Details

AGLC: Chowdhury v ISS Security Pty Ltd [2025] WADC 65
Case: [2025] WADC 65
Decision Date: 26 SEPTEMBER 2025

CaseChat Overview and Summary

Chowdhury, a former employee, brought an appeal against ISS Security Pty Ltd, his former employer, concerning a workers' compensation claim. The primary issue was whether the appellant had suffered an 'injury' as defined in section 5 of the Workers' Compensation and Injury Management Act 1981 (WA). The dispute centred around the appellant's claim for compensation due to a psychiatric condition, which he alleged was caused by his employment.

The legal issues before the court involved the interpretation of 'injury' under the Act and the weight to be given to expert evidence on causation. The appellant argued that the arbitrator had erred in failing to find that his psychiatric condition was caused by his employment, despite expert evidence to that effect. The employer, on the other hand, contended that the arbitrator's findings on the credibility of the expert evidence were correct and that no error of law had been made.

The court examined the arbitrator's reasoning and found that the arbitrator had appropriately considered the expert evidence but had reasonable grounds to doubt the reliability of the expert's causation opinion. The court held that the arbitrator was entitled to make findings on the credibility of expert evidence and that the appellant had not demonstrated any error of law in the arbitrator's approach. Consequently, the appeal was dismissed, and the original decision of the arbitrator was upheld.

The court did not make any additional orders beyond dismissing the appeal and upholding the arbitrator's decision. The appellant was not successful in his bid to overturn the decision, which meant that his claim for workers' compensation based on the alleged psychiatric injury remained denied.

Orders