Chubb Security Australia Pty Ltd v Trevarrow

Chubb Security Australia Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of a Presidential Member of the Workers Compensation Commission of New South Wales. The dispute concerned whether the employment of Mr. Trevarrow was a substantial contributing factor to his injury, as required by section 9A of the *Workers Compensation Act 1987* (NSW).

The primary legal issues before the Court of Appeal were whether the Presidential Member erred in law by misapplying section 9A of the *Workers Compensation Act 1987* (NSW) in concluding that Mr. Trevarrow's employment was a substantial contributing factor to his injury, and whether the Presidential Member failed to exercise the Commission's jurisdiction by remitting the matter back to the Arbitrator for determination.

The Court of Appeal dismissed the appeal. It found that the Presidential Member had correctly applied the principles of section 9A and that there was no error in law in their determination. Furthermore, the Court held that the remission of the matter back to the Arbitrator was a proper exercise of the Commission's jurisdiction. Consequently, the appeal was dismissed with costs.