Daemar v Industrial Commission of New South Wales

The case of *Daemar v Industrial Commission of New South Wales* [1990] NSWCA 50 was heard by the New South Wales Court of Appeal. The dispute concerned an appeal by Mr. Daemar against a decision of the Industrial Commission of New South Wales.

The primary legal issue before the Court of Appeal was whether the Industrial Commission had erred in law by refusing to grant Mr. Daemar leave to appeal against a decision of a single Commissioner. This involved an examination of the principles governing the grant of leave to appeal within the Industrial Commission's jurisdiction.

The Court of Appeal considered the criteria for granting leave to appeal, particularly in circumstances where the applicant sought to raise new grounds of appeal that were not presented to the original decision-maker. The Court affirmed that leave to appeal is not a matter of right and requires the applicant to demonstrate that there is a reasonably arguable case of error in the original decision. The Court found that Mr. Daemar had failed to establish such a case, as the new grounds he sought to raise were not supported by the evidence or the relevant legal principles.

Consequently, the Court of Appeal dismissed Mr. Daemar's appeal and affirmed the decision of the Industrial Commission.