Chubb Security Australia Pty Ltd v Trevarrow

[2004] NSWCA 344

CITATION:	Chubb Security Australia P/L v Trevarrow [2004] NSWCA 344
HEARING DATE(S):	23 August 2004
JUDGMENT DATE:	22 September 2004
JUDGMENT OF:	Beazley JA at 1; Santow JA at 2; Ipp JA at 41
DECISION:	Appeal dismissed with costs.
CATCHWORDS:	PRACTICE AND PROCEDURE - Workers Compensation - s353 limited appeal from decision of Presidential member of Workers Compensation Commission of New South Wales on point of law - whether an error in the application of s9A WCA Act in concluding that employment a substantial contributing factor - whether there was a failure to exercise the Commission's jurisdiction by remitting the matter back to the Arbitrator for determination.
LEGISLATION CITED:	Workers Compensation Act 1987 s9A Workers Compensation Legislation Amendment Act 2004 (No 56) s3 and Sch 2[5]; Sch 1[6.2] Workplace Injuries Management and Workers Compensation Act 1998 s352; s353
CASES CITED:	Australian Wheat Board v Pantaleo (1984) 3 NSWLR 530 Davidson v Mould (1944) 69 CLR 96 Federal Broom Co Pty Ltd v Semlitch (1964) 110 CLR 626 Hatzimanolis v ANI Corp (1992) 173 CLR 473, 8 NSWCCR 242 McMahon v Lagana [2004] NSWCA 164 Mercer v ANZ Banking Group Ltd (2000) 48 NSWLR 740; 20 NSWCCR 70 Mitchell v Central West Health Service (1997) 14 NSWCCR 526 (CA) Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Muscat v Woolworths Ltd (2000) 20 NSWCCR 283 Stanton-Cook v TAFE Commission (NSW) (1999) 17 NSWCCR 5 Supair Pty Ltd v Sweeney (2000) 20 NSWCCR 514
PARTIES :	CHUBB SECURITY AUSTRALIA PTY LTD (Appellant) Annette TREVARROW (Respondent)
FILE NUMBER(S):	CA 40239/04
COUNSEL:	B FERRARI (Appellant) A KATZMANN, SC/ B BATCHELOR (Respondent)
SOLICITORS:	Turks Legal (Appellant) Bale Boshev Lawyers (Respondent)

LOWER COURTJURISDICTION:	Workers Compensation Commission
LOWER COURT FILE NUMBER(S):	WCC 2411-2002
LOWER COURT JUDICIAL OFFICER :	Byron DP

CA 40239/04
Wcc 2411/02

BEAZLEY JA
SANTOW JA
IPP JA

22 SEPTEMBER 2004

CHUBB SECURITY AUSTRALIA PTY LTD v Annette TREVARROW

Judgment

1 BEAZLEY JA: I agree with Santow JA.

2 SANTOW JA:

INTRODUCTION AND OVERVIEW
This appeal is brought from a decision of a Presidential member of the Workers Compensation Commission of New South Wales (‘the Commission’) with respect to a claim by the respondent Ms Annette Trevarrow for injuries sustained on 11 November 2001 in the course of her employment with the appellant Chubb Security Australia Pty Limited (‘Chubb’). The Presidential member, Byron DP, was himself hearing the matter by way of an appeal from a previous determination of the Commission as constituted by an Arbitrator. Ms Trevarrow was successful both before the Arbitrator and before the Deputy President. Chubb now appeals to the Court of Appeal pursuant to s353 of the Workplace Injuries Management and Workers Compensation Act 1998 (the ‘WIM’ Act). The appeal under s353 is limited to appeals from the decision of a Presidential member in point of law. I should note that as to the later period of partial and total incapacity, from 11 February 2002 till no later than 15 October 2002, the parties have indicated willingness…