Raines v Bayebb Pty. Limited

The appeal in *Raines v Bayebb Pty. Limited* concerned a claim for workers' compensation. The appellant, an employee, sustained an injury while travelling. The central dispute revolved around whether the appellant's own fault had materially increased the risk of injury for a reason connected with their employment, thereby potentially disentitling them to compensation. The matter came before the New South Wales Court of Appeal.

The Court of Appeal was required to determine two primary legal issues. Firstly, whether the findings of the Compensation Court regarding the appellant's fault and the connection of that fault to their employment were available on the evidence presented. Secondly, the Court had to consider whether an appeal lay on these grounds, specifically whether the issues raised constituted questions of law rather than questions of fact.

The Court of Appeal found that the Compensation Court had erred in its assessment of the evidence. It concluded that the risk of injury had not been materially increased by a reason connected with the appellant's employment, as required by the relevant workers' compensation legislation. The Court held that the findings made by the Compensation Court were not supported by the evidence and that a question of law was therefore involved, allowing the appeal. Consequently, the appeal was allowed, the judgment below was set aside, and the matter was remitted to the Compensation Court for the determination of the quantum of the award in favour of the appellant. The respondent was ordered to pay the appellant's costs of the appeal and the proceedings below.