Darren John McCarthy v Patrick Stevedores No. 1 Pty Ltd

In the matter of *Darren John McCarthy v Patrick Stevedores No. 1 Pty Ltd*, the appellant, Mr. McCarthy, appealed to the Court of Appeal of New South Wales against a decision of a Deputy President of the Workers Compensation Commission. The appeal was limited to questions of law.

The primary legal issues before the Court of Appeal were whether the Deputy President had misapplied section 40 of the *Workers Compensation Act 1987* (NSW), whether there was sufficient evidence to support the Deputy President's findings, whether the Deputy President had failed to provide adequate reasons for the decision, and whether there had been a denial of procedural fairness by making a determination on the papers.

The Court of Appeal found no error of law in the Deputy President's decision. The court concluded that the Deputy President had not misapplied section 40 of the Act, that there was evidence to support the findings made, that adequate reasons were provided, and that the determination on the papers did not constitute a denial of procedural fairness.

Consequently, the appeal was dismissed with costs.