Fletcher International Exports Pty Ltd v Lott

Fletcher International Exports Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of the Workers Compensation Commission. The appeal concerned a claim for workers' compensation.

The primary legal issues before the Court of Appeal were whether the Workers Compensation Commission erred in point of law by failing to grant an oral hearing under section 354 of the *Workplace Injury Management and Workers Compensation Act 1998* (NSW), and whether the Commission erred in point of law by failing to properly consider whether the employment was a substantial contributing factor to the injury under section 9A of the *Workers Compensation Act 1987* (NSW).

The Court of Appeal held that no error of law had been demonstrated. Regarding the oral hearing, the Court found that the Commission was not obliged to grant an oral hearing in the circumstances and that its decision not to do so did not constitute an error of law. On the issue of substantial contributing factor, the Court concluded that the Commission had adequately considered the employment characteristics and that its findings were not vitiated by an error of law. The Court emphasised the importance of properly framing grounds of appeal to identify a specific error of law.

The appeal was dismissed with costs.