Court of Appeal
Supreme Court
New South Wales
- Summary available
- Amendment notes
Medium Neutral Citation: Jaffarie v Quality Castings Pty Ltd [2015] NSWCA 335 Hearing dates: 22 September 2015 Decision date: 29 October 2015 Before: Macfarlan JA at [1];
Ward JA at [39];
Sackville AJA at [54]Decision: (1) Appeal allowed.
(2) Set aside the orders made by Deputy President Roche on 9 December 2014 and recorded in [315] and [316] of his judgment of that date.
(3) In lieu of those orders, order that:
(a) The orders contained in paragraphs 1 to 7 inclusive of the Arbitrator’s determination of 17 February 2014, and the Determination of 10 June 2014 insofar as it confirmed those orders, are set aside; and
(b) the whole matter is remitted to a different arbitrator for re-determination in accordance with the reasons in the Deputy President’s judgment of 9 December 2014 as varied by this judgment.
(4) Order that the first respondent pay the appellant’s costs of the appeal to this Court.
(5) The first respondent is to have a certificate under the Suitors’ Fund Act 1951 (NSW), if qualified.Catchwords: WORKERS’ COMPENSATION – claim for lump sum compensation – alleged injury in course of employment to both lumbar and thoracic spine – arbitrator determined that appellant injured lumbar spine but not thoracic spine – worker appealed to Workers Compensation Commission – whether Deputy President erred in finding that the worker did not challenge the arbitrator’s finding about the thoracic spine – whether Deputy President’s misreading of the arbitrator’s reasons was an error of law – whether Deputy President had the power under the Workplace Injury Management and Workers Compensation Act 1998, s 352(7) to remit part only of the worker’s claims for re-determination
PROCEDURE – procedural fairness – Workers Compensation Commission erroneously found that appeals from an arbitrator to the Commission did not challenge the arbitrator’s finding that the worker did not suffer a thoracic spine injury – whether Commission finding that any such challenge would not have succeeded in any event indicated that the worker did not suffer any practical injustice as a result of a prima facie denial of procedural fairness – consideration of the weight to be given to contingent findingsLegislation Cited: Suitors’ Fund Act 1951 (NSW)
Uniform Civil Procedure Rules 2005 (NSW), r 51.51
Workers Compensation Act 1987 (NSW), ss 60, 66, 67
Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 352, 353Cases Cited: DCL Developments Pty Ltd v Range Harvester Australia Pty Ltd [2013] NSWSC 1025 1 WLR 1229
Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088
First Sport Ltd v Barclay’s Bank Plc [1993] 3 All ER 789
Jackson v Lithgow City Council [2008] NSWCA 312
Jennings v Credit Corp Australia Pty Ltd [2000] NSWSC 210; 48 NSWLR 709
King v Goussetis (1986) 5 NSWLR 89
Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332
Re Minister for Immigration and Multicultural…
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- Case
- [2015] NSWCA 335
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court of Appeal were whether the Deputy President erred in law by finding that the worker had not challenged the arbitrator's finding regarding the thoracic spine injury, and whether this misreading constituted an error of law. Furthermore, the court considered whether the Deputy President possessed the power under section 352(7) of the *Workplace Injury Management and Workers Compensation Act 1998* to remit only part of the worker's claims for re-determination. The court also examined principles of procedural fairness, specifically whether the Deputy President's finding that any challenge to the thoracic spine injury finding would not have succeeded indicated that the worker suffered no practical injustice.
The Court of Appeal allowed the appeal, finding that the Deputy President had indeed erred in law. The court determined that the Deputy President had misread the arbitrator's reasons and that this misreading constituted a denial of procedural fairness. The court also found that the Deputy President's contingent finding, that the challenge would not have succeeded in any event, did not negate the practical injustice caused by the denial of procedural fairness. Consequently, the court set aside the Deputy President's orders and remitted the entire matter to a different arbitrator for re-determination. The first respondent was ordered to pay the appellant's costs of the appeal.
Orders
Orders of the court
(1) Appeal allowed.
(2) Set aside the orders made by Deputy President Roche on 9 December 2014 and recorded in [315] and [316] of his judgment of that date.
(3) In lieu of those orders, order that:
(a) The orders contained in paragraphs 1 to 7 inclusive of the Arbitrator’s determination of 17 February 2014, and the Determination of 10 June 2014 insofar as it confirmed those orders, are set aside; and
(b) the whole matter is remitted to a different arbitrator for re-determination in accordance with the reasons in the Deputy President’s judgment of 9 December 2014 as varied by this judgment.
(4) Order that the first respondent pay the appellant’s costs of the appeal to this Court.
(5) The first respondent is to have a certificate under the Suitors’ Fund Act 1951 (NSW), if qualified.
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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