Mercer v ANZ Banking Group Ltd

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.