Mercer v ANZ Banking Group Ltd

Case [2000] NSWCA 138


Reported Decision: [2000]48 NSWLR 740
[2000] 20 NSWCCR 70

New South Wales


Court of Appeal

CITATION: MERCER v ANZ BANKING GROUP [2000] NSWCA 138
FILE NUMBER(S): CA 40024/99
HEARING DATE(S): 10 April 2000
JUDGMENT DATE:
31 May 2000

PARTIES :


KAREN ELIZABETH MERCER v AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED
JUDGMENT OF: Mason P at 1; Meagher JA at 39; Beazley JA at 40
LOWER COURT JURISDICTION : Compensation Court
LOWER COURT
FILE NUMBER(S) :
CC 30455/97
LOWER COURT
JUDICIAL OFFICER :
Bishop CCJ
COUNSEL: Appellant: A J Katzmann SC/B G McManamey
Respondent: J E Maconachie QC/P L Perry
SOLICITORS: Appellant: Stacks
Respondent: Hickson Wisewoulds
CATCHWORDS: Workers compensation - injury occurring in the course of or arising out of employment - employment as a substantial contributing factor to the injury - probability that a similar injury would have happened anyway - Workers Compensation Act 1987 s9A - remote or tenuous connection between employment and injury - definition of "injury" - absence of employment characteristics in the injury - interpretation of "substantial". (D)
LEGISLATION CITED: Workers Compensation Act 1987
DECISION: Appeal allowed - award set aside - proceedings remitted for further hearing



THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

                            CA 40024/99


                                MASON P
                                MEAGHER JA
                                BEAZLEY JA

                                Wednesday 31 May 2000

    MERCER v ANZ BANKING GROUP LTD

The appellant worker suffered injury in 1997 in the course of her employment as a bank teller. She was attending to a customer and went to a desk to get some sticky tape. She reached out to the left and suddenly felt extreme pain in her left knee and fell to the ground. She had twisted, rotating her knee and she suffered a lateral dislocation of the left patella. She returned to normal work duties almost a month later, but suffered ongoing pain and limited movement in playing sports.

The worker’s claim for compensation failed because, despite the injury occurring in the course of employment, the employment concerned was held not to be a substantial contributing factor to the injury. The trial judge at the Compensation Court applied s9A of the Workers Compensation Act 1987 (the Act), a provision which applies to work injuries received on or after 12 January 1997.

Section 9A provides:

    (1) No compensation is payable under this Act in respect of an injury unless the employment concerned was a substantial contributing factor to the injury.

    (3) A worker’s employment is not to be regarded as a substantial contributing factor to a worker’s injury merely because of either or both of the following:
        (a) the injury arose of or in the course of, or arose both out of and in the course of, the worker’s employment,

The trial judge found that while the applicant’s injury arose in the course of her employment, the precise activity she was carrying out was one that could have occurred anywhere else. It was not an activity with any employment characteristics about it. The appellant also had an existing constitutional abnormality…

Continue reading Mercer v ANZ Banking Group Ltd

Sign in free to access the full text

Details
AGLC
Mercer v ANZ Banking Group Ltd [2000] NSWCA 138
Case
[2000] NSWCA 138
Decision Date

CaseChat Overview and Summary

Mercer (the appellant) brought proceedings against ANZ Banking Group Ltd (the respondent) in the New South Wales Court of Appeal. The dispute concerned a claim for workers compensation for an injury allegedly sustained by the appellant in the course of or arising out of their employment with the respondent.

The primary legal issues before the Court of Appeal were whether the appellant's employment was a substantial contributing factor to their injury, and how the Workers Compensation Act 1987 (NSW) s 9A should be interpreted in circumstances where a similar injury might have occurred irrespective of employment. The Court also considered the definition of "injury" within the Act and whether the injury lacked employment characteristics, as well as the meaning of the word "substantial" in this context.

The Court of Appeal allowed the appeal, setting aside the award made in the primary proceedings. The Court reasoned that the primary judge had erred in their interpretation and application of s 9A of the Workers Compensation Act 1987 (NSW). The Court found that the connection between the appellant's employment and the injury was too remote or tenuous to satisfy the statutory requirement that employment be a substantial contributing factor. Consequently, the proceedings were remitted for further hearing.

Orders

Orders of the court

Appeal allowed - award set aside - proceedings remitted for further hearing

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.