Inghams Enterprises Pty Ltd v Sok - [2014] NSWCA 217

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Inghams Enterprises Pty Ltd v Sok [2014] NSWCA 217
Hearing dates: 26 May 2014
Decision date: 07 July 2014
Before: Basten JA at [1];
Barrett JA at [62];
Sackville AJA at [63]
Decision:
(1) Dismiss the appeal by Inghams Enterprises Pty Ltd from the decision of the Workers Compensation Commission (Deputy President O'Grady) given on 17 July 2013.
(2) The appellant must pay the costs of the first respondent (Ms Sok) and of the second respondent (Integrated Parramatta Services Pty Ltd) in this Court.
(3) No order as to the costs of the WorkCover Authority.
[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:
WORKERS' COMPENSATION - appeal to Deputy President - errors of fact alleged against arbitrator - appeal limited to any error of fact, law or discretion - whether Deputy President failed to exercise appellate jurisdiction by restricting inquiry to errors of law - whether Deputy President failed to engage with the evidence to determine whether there were any errors of fact - Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 352
WORKERS' COMPENSATION - jurisdiction of Workers Compensation Commission - dispute over liability for weekly payments of compensation - no determination of a dispute over a "work capacity decision" by an insurer permitted - decision by insurer to dispute liability not a "work capacity decision" - whether jurisdiction excluded over matters which fall within the description of a "work capacity decision" - effect of transitional provisions - Workers Compensation Act 1987 (NSW), ss 43, 44, Sch 6 Pt 19H cl 3, cl 14 - Workers Compensation Regulation 2010 (NSW) Sch 8 cl 3
Legislation Cited: Workers Compensation Act, ss 16, 32A, 33, 36, 37, 38, 43, 44, 44A, 52; Pt 3, Div 2; Sch 6, Pt 19H, cll 1, 3, 8, 9, 14;
Workers Compensation Legislation Amendment Act 2012 (NSW)
Workers Compensation Regulation 2010 (NSW), Sch 8, cl 3
Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 106, 352, 353
Cases Cited: Cabal v United Mexican States [2001] FCA 427; 108 FCR 311
Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; 203 CLR 194
Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; 241 CLR 390
Northern NSW Local Health Network v Heggie [2013] NSWCA 255
State Transit Authority of New South Wales v Chemler [2007] NSWCA 249; 55 DDCR 286
Turnbull v NSW Medical Board [1976] 2 NSWLR 281
Whiteley Muir & Zwanenberg Ltd v Kerr (1966) 39 ALJR 505
Category: Principal judgment
Parties: Inghams Enterprises Pty Ltd (Appellant)
Chan…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2014] NSWCA 217
Decision Date: 07 July 2014

CaseChat Overview and Summary

The appeal before the Court of Appeal of New South Wales concerned a dispute between Inghams Enterprises Pty Ltd and Ms Sok, with Integrated Parramatta Services Pty Ltd as a second respondent. The core of the dispute involved Inghams' challenge to a decision made by the Workers Compensation Commission, specifically an appeal from a decision of Deputy President O'Grady. The appeal raised questions about the scope of appellate review in workers' compensation matters.

The legal issues before the Court of Appeal included whether the Deputy President erred by limiting their inquiry to errors of law and failing to adequately engage with the evidence to determine potential errors of fact. Additionally, the Court was required to consider whether the Workers Compensation Commission had jurisdiction to determine the dispute, particularly in light of provisions that exclude jurisdiction over "work capacity decisions" made by insurers, and whether the insurer's decision to dispute liability constituted such a decision. The effect of transitional provisions under the relevant legislation was also a point of contention.

The Court of Appeal found that the Deputy President had not failed to exercise their appellate jurisdiction by restricting the inquiry to errors of law, nor had they failed to engage with the evidence. The Court reasoned that the insurer's decision to dispute liability was not a "work capacity decision" as defined by the legislation, and therefore the Commission's jurisdiction was not excluded. The Court dismissed the appeal by Inghams Enterprises Pty Ltd.

Orders

Orders of the court

(1) Dismiss the appeal by Inghams Enterprises Pty Ltd from the decision of the Workers Compensation Commission (Deputy President O'Grady) given on 17 July 2013.

(2) The appellant must pay the costs of the first respondent (Ms Sok) and of the second respondent (Integrated Parramatta Services Pty Ltd) in this Court.

(3) No order as to the costs of the WorkCover Authority.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Inghams Enterprises Pty Ltd v Sok [2014] NSWCA 217
Hearing dates:	26 May 2014
Decision date:	07 July 2014
Before:	Basten JA at [1]; Barrett JA at [62]; Sackville AJA at [63]
Decision:	(1) Dismiss the appeal by Inghams Enterprises Pty Ltd from the decision of the Workers Compensation Commission (Deputy President O'Grady) given on 17 July 2013. (2) The appellant must pay the costs of the first respondent (Ms Sok) and of the second respondent (Integrated Parramatta Services Pty Ltd) in this Court. (3) No order as to the costs of the WorkCover Authority. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
Catchwords:	WORKERS' COMPENSATION - appeal to Deputy President - errors of fact alleged against arbitrator - appeal limited to any error of fact, law or discretion - whether Deputy President failed to exercise appellate jurisdiction by restricting inquiry to errors of law - whether Deputy President failed to engage with the evidence to determine whether there were any errors of fact - Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 352 WORKERS' COMPENSATION - jurisdiction of Workers Compensation Commission - dispute over liability for weekly payments of compensation - no determination of a dispute over a "work capacity decision" by an insurer permitted - decision by insurer to dispute liability not a "work capacity decision" - whether jurisdiction excluded over matters which fall within the description of a "work capacity decision" - effect of transitional provisions - Workers Compensation Act 1987 (NSW), ss 43, 44, Sch 6 Pt 19H cl 3, cl 14 - Workers Compensation Regulation 2010 (NSW) Sch 8 cl 3
Legislation Cited:	Workers Compensation Act, ss 16, 32A, 33, 36, 37, 38, 43, 44, 44A, 52; Pt 3, Div 2; Sch 6, Pt 19H, cll 1, 3, 8, 9, 14; Workers Compensation Legislation Amendment Act 2012 (NSW) Workers Compensation Regulation 2010 (NSW), Sch 8, cl 3 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 106, 352, 353
Cases Cited:	Cabal v United Mexican States [2001] FCA 427; 108 FCR 311 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; 203 CLR 194 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; 241 CLR 390 Northern NSW Local Health Network v Heggie [2013] NSWCA 255 State Transit Authority of New South Wales v Chemler [2007] NSWCA 249; 55 DDCR 286 Turnbull v NSW Medical Board [1976] 2 NSWLR 281 Whiteley Muir & Zwanenberg Ltd v Kerr (1966) 39 ALJR 505
Category:	Principal judgment
Parties:	Inghams Enterprises Pty Ltd (Appellant) Chan…