Pioneer Studios Pty Ltd v Hills

Pioneer Studios Pty Ltd appealed to the New South Wales Court of Appeal against a decision of a presidential member of the Workers Compensation Commission. The dispute concerned a claim for workers' compensation by the respondent, who sustained an injury at a party held on work premises. The presidential member had found that the injury arose both out of and in the course of the respondent's employment.

The Court of Appeal was required to determine whether the Workers Compensation Commission erred in point of law in finding that the respondent's injury arose in the course of employment, and whether it erred in finding that the injury arose out of employment. The appeal was limited to questions of law, pursuant to section 353(1) of the *Workplace Injury Management and Workers Compensation Act 1998* (NSW). The court also considered whether the Commission erred in determining the terms and conditions of employment by reference to the respondent's subjective perception.

The Court of Appeal allowed the appeal, setting aside the decision of the Deputy President. The Court reasoned that the presidential member had erred in law by determining the terms and conditions of employment by reference to the worker's subjective perception, rather than by reference to the objective terms defined by the employer, citing *Henderson v Commissioner of Railways (WA)* and *Pioneer Studios Pty Ltd v Hills* [2012] NSWCA 324. The Court found that the injury did not arise out of or in the course of employment.

Consequently, the Court of Appeal ordered that the appeal from the decision of the senior arbitrator be dismissed, and that the respondent worker pay the costs of the appellant employer of that appeal. The respondent was also ordered to pay the appellant's costs in the Court of Appeal and was granted a certificate under the *Suitors’ Fund Act 1951* (NSW).