Da Ros v Qantas Airways Limited

The case of Da Ros v Qantas Airways Limited involved the applicant, Da Ros, who sought workers' compensation from the respondent, Qantas Airways Limited, after being injured while performing his duties as a pilot. The dispute was heard in the New South Wales Supreme Court. The matter was an appeal against a decision made by an arbitrator, who had determined that Da Ros's injury did not arise out of his employment, and thus he was not entitled to compensation under the Workers Compensation Act 1987.

The primary legal issues the court needed to address were whether the injury sustained by Da Ros arose out of his employment, and if so, whether Qantas was liable for compensation. The court was required to interpret and apply sections 4 and 9A of the Workers Compensation Act 1987 to the facts of the case. Section 4 defines the circumstances in which an injury is considered to have arisen out of employment, while section 9A outlines the exemptions and exceptions to workers' compensation.

The court found that the injury sustained by Da Ros was indeed work-related and arose out of his employment as a pilot. However, the court also found that Qantas was not liable for compensation due to an exemption outlined in section 9A of the Workers Compensation Act 1987. The court concluded that the injury was caused by an act of violence committed by a third party, and therefore, Qantas was not responsible for the injury. As such, the decision of the arbitrator was confirmed, but for the reasons stated in this decision.

No order was made as to the costs of the appeal.