E B Murray Family Investments Pty Ltd t/as Bede Murray Racing Stables v Howard

The appeal concerned a decision of Deputy President Snell of the Personal Injury Commission of New South Wales, who had dismissed an appeal against a Certificate of Determination. The appellant, E B Murray Family Investments Pty Ltd trading as Bede Murray Racing Stables, argued that the Deputy President erred in law by applying an incorrect standard when reviewing the original determination. The respondent was Howard.

The central legal issue before the Court of Appeal was whether the Deputy President had applied the correct principles when considering the appeal under section 352 of the *Workplace Injury Management and Workers Compensation Act 1998* (NSW). Specifically, the court had to determine if the Deputy President’s finding that the original findings were "open" was consistent with the established legal principles governing appeals from decisions of the Personal Injury Commission, particularly in light of recent developments in appellate review standards.

The Court of Appeal found that the Deputy President had erred in law. It held that the appeal under section 352 of the Act was governed by the principles established in *Warren v Coombes* and *Fox v Percy*, which require a more rigorous assessment than simply determining if findings were "open". The court reasoned that the Deputy President failed to properly apply these principles, leading to an incorrect dismissal of the appeal. Consequently, the Court of Appeal allowed the appeal, set aside the Deputy President's decision, and remitted the matter to the Personal Injury Commission for redetermination by a different presidential member.