Dayton v Coles Supermarkets Pty Ltd

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CITATION: Dayton v Coles Supermarkets P/L [2001] NSWCA 153
FILE NUMBER(S): CA 40294/00
HEARING DATE(S): 09/05/01
JUDGMENT DATE:
1 June 2001

PARTIES :


Arnold Dayton
v
Coles Supermarkets Pty Limited
JUDGMENT OF: Meagher JA at 1; Giles JA at 20; Davies AJA at 35
LOWER COURT JURISDICTION : Compensation Court
LOWER COURT
FILE NUMBER(S) :
30427/99
LOWER COURT
JUDICIAL OFFICER :
Burke CCJ
COUNSEL: A: Mr P Blacket SC/M Thompson
R: Mr J Hislop QC/B Roche
SOLICITORS: A: RTW & Associates
R: Lander & Rogers
CATCHWORDS: Workers Compensation - compensation sought for schizophrenia caused by stressful events in the workplace - whether employment substantial contributing factor to injury - meaning of 'substantial' in Workers Compensation Act (1987), s9A - whether worker suffered an 'injury' - whether acts arising out of or in the course of employment - appeal dismissed.
LEGISLATION CITED: Workers Compensation Act 1987 (NSW) s 9A
CASES CITED:
Tillmanns Butcheries Pty Ltd v Australian Meat Industry Employees' Union (1979) 27 ALR 367
Zinc Corporation Ltd v Scarce (1995) 12 NSWCCR 566
DECISION: Appeal dismissed with costs.

THE SUPREME COURT


OF NEW SOUTH WALES


COURT OF APPEAL

40294/00

MEAGHER JA


GILES JA


DAVIES AJA

Friday, 1 June 2001


ARNOLD DAYTON v COLES SUPERMARKETS PTY LIMITED
JUDGMENT

FACTS

The appellant was employed at the Pagewood store of the respondent, Coles Supermarkets Pty Limited. He alleged that stressful events which occurred at work caused him to develop schizophrenia, and sought workers’ compensation. The trial judge dismissed the appellant’s claim on the basis that the stressful events complained of were not a substantial contributing factor to the appellant’s injury. His Honour found that the major causes of the appellant’s illness were a genetic or biological susceptibility to schizophrenia and his prolonged use of marijuana. The first ground of appeal was that the trial judge erred in the meaning he gave to ‘substantial’. His Honour’s finding as to role of marijuana in the aetiology of the illness formed the second ground of appeal.

HELD

per Meagher JA & Giles JA (Davies AJA not expressing an opinion):


(i) The trial judge’s finding that the work stresses were a “rather minor” factor in the aetiology of the illness is a finding of fact which is immune to challenge.

Per Meagher JA, Giles JA & Davies AJA:


(ii) The trial judge was correct in finding that the work stresses were not a substantial contributing factor to the appellant’s development of schizophrenia.


Per Meagher JA: The appellant’s submission that the fact that a factor was ‘minor’


does not prevent it from being a substantial one should be rejected.


Per Giles JA: A contributing factor which is minor in comparison with two other


substantial factors, is not a substantial contributing factor.


Per Davies AJA: The words ‘substantial contributing factor’ in s9A of the Act


require that compensation be paid only when the employment contributed to the


injury in a manner that is real and of substance.

Per Meagher JA & Giles JA (Davies AJA not expressing an opinion):

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Details
Case
[2001] NSWCA 153
Decision Date

CaseChat Overview and Summary

The appeal in *Dayton v Coles Supermarkets Pty Ltd* concerned a claim for workers' compensation for schizophrenia allegedly caused by stressful events experienced in the workplace. The appellant, Dayton, sought compensation from the respondent, Coles Supermarkets Pty Ltd, for this condition. The matter was heard by Meagher and Giles JJA, and Davies AJA.

The central legal issues before the court were whether Dayton's employment was a substantial contributing factor to his schizophrenia, and what the meaning of "substantial" was in the context of section 9A of the *Workers Compensation Act 1987* (NSW). The court also had to determine whether Dayton had suffered an "injury" as defined by the Act, and whether the acts giving rise to his condition arose out of or in the course of his employment.

The court's reasoning focused on the interpretation of "substantial" as requiring a significant or material contribution, rather than merely a minor or incidental one. Applying this interpretation to the facts, the court found that Dayton's employment had not been a substantial contributing factor to his schizophrenia. The appeal was consequently dismissed.

The appeal was dismissed with costs.

Orders

Orders of the court

Appeal dismissed with costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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