Hancock v East Coast Timber Products Pty Ltd

Hancock appealed to the Court of Appeal of New South Wales against a decision of the Workers Compensation Commission. The dispute concerned the determination of a workers' compensation claim, where the Commission had made a determination on the papers without an oral hearing, despite issues of credit being involved.

The primary legal issues before the Court of Appeal were whether the Commission had erred in law by failing to afford the appellant procedural fairness, and whether the Commission had wrongly applied the principles established in *Makita (Australia) Pty Ltd v Sprowles*. Specifically, the court considered whether it was appropriate for the Commission to determine the matter on the papers when the credibility of witnesses was a central issue in the claim.

The Court of Appeal found that the Commission had erred in law. It held that where credit is in issue, a party is generally entitled to an oral hearing to present their case and have their evidence tested. Determining the matter on the papers in such circumstances, without affording the appellant the opportunity to be heard orally, constituted a failure to provide procedural fairness. The court also found that the Commission had misapplied the principles from *Makita*, which requires a tribunal to provide reasons for its findings, particularly when those findings are adverse to a party.

Consequently, the appeal was allowed. The decision of the Workers Compensation Commission was set aside, and the matter was remitted to the Commission for redetermination in accordance with the law. The respondent was ordered to pay the appellant's costs of the appeal.