Pickwell v Cotswold Australia Pty Limited

The applicant, Pickwell, appealed to the Supreme Court of New South Wales from a decision of the Compensation Court. The dispute concerned a claim for workers' compensation made by Mr Pickwell for injuries sustained in a motor vehicle accident while travelling to work. The central issue was whether the injury constituted a "journey claim" and therefore arose out of or in the course of employment under section 10 of the *Workers Compensation Act 1987* (NSW).

The court was required to determine whether Mr Pickwell's injury arose out of or in the course of his employment, specifically considering the provisions of section 10 of the *Workers Compensation Act 1987* (NSW). This involved an examination of whether the worker had crossed the boundary of the land on which his place of abode was situated at the time of the accident, and whether the evidence presented by the worker, upon which he bore the onus of proof, could properly support a finding of fact that his injury was employment-related.

The court considered the principles governing "journey claims" and the onus of proof resting on the worker. It analysed the evidence regarding the location of the accident in relation to Mr Pickwell's residence and his place of employment. The court applied the legal test to determine if the journey was sufficiently connected to his employment to fall within the scope of the Act, taking into account the specific circumstances of the travel and the worker's actions at the time of the incident.

The appeal was dismissed, with the court finding that the evidence did not establish that the injury arose out of or in the course of employment as required by section 10 of the *Workers Compensation Act 1987* (NSW).