National Australia Bank Limited v Sharon Tan

[2006] NSWWCCPD 116

WORKERS COMPENSATION COMMISSION
DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR
STATUS: Decision set aside on appeal: Tan v National Australia Bank Limited [2008] NSWCA 198; (2008) 6 DDCR 363
CITATION:		National Australia Bank Limited v Sharon Tan [2006] NSWWCCPD 116
APPELLANT:		National Australia Bank Limited
RESPONDENT:		Sharon Tan
INSURER:		Self insured
FILE NUMBER:		WCC8858-04
DATE OF ARBITRATOR’S DECISION:		16 February 2005
HEARING:	28 April 2006
DATE OF APPEAL DECISION:		8 June 2006
SUBJECT MATTER OF DECISION:		Conduct of proceedings; procedural fairness; weight of evidence; self-represented litigant; section 11A of the Workers Compensation Act 1987; section 260(5) of the Workplace Injury Management and Workers Compensation Act 1998.
PRESIDENTIAL MEMBER:		Dr Gabriel Fleming, Deputy President
REPRESENTATION:		Appellant:	Turner Freeman until September 2004 and then self‑represented
Respondent:	Vardanega Roberts Solicitors
ORDERS MADE ON APPEAL:		1.     The decision of the Arbitrator, dated 16 February 2005, except in so far as it relates to costs, is revoked and the following decision is made in its place: “Award in favour of the National Australia Bank Limited 2.     No order as to costs of this appeal.

APPEALS WERE LODGED BY EACH OF THE PARTIES AGAINST THE DECISION OF THE ARBITRATOR DATED 16 FEBRUARY 2005.  BOTH APPEALS WERE DETERMINED TOGETHER.  THE RELEVANT DETAILS IN RELATION TO BOTH APPEALS ARE SET OUT IN Tan v National Australia Bank [2006] NSWWCCPD 115.

REASONS FOR DECISION

1. All relevant information and reasons for the decision in this appeal are set out in Tan v National Australia Bank Limited [2006] NSWWCC PD 115.

ORDERS

1. The decision of the Arbitrator, dated 16 February 2005 except in so far as it relates to costs, is revoked and the following decision is made in its place:

   Award in favour of the National Australia Bank Limited.

COSTS

1. No order as to the costs of the appeal.

Dr Gabriel Fleming

Deputy President

8 June 2006

I CERTIFY THAT THIS IS A TRUE AND ACCURATE RECORD OF THE REASONS FOR DECISION OF DR GABRIEL FLEMING, DEPUTY PRESIDENT OF THE WORKERS COMPENSATION COMMISSION.

ASSOCIATE