Sarheed v C1 Formwork Group Pty Limited

The appeal is from a decision of the Workers Compensation Regulator in relation to a claim for workers' compensation by the appellant, Faisal Sarheed, against the respondent, C1 Formwork Group Pty Limited. The matter was before the Court on an application by the appellant for leave to adduce fresh evidence. The appellant contends that the decision maker failed to take into account relevant considerations and thereby failed to observe the principles of natural justice. The court had to determine whether the fresh evidence proposed by the appellant, if accepted, would cause substantial injustice within the meaning of section 352(6) of the Workplace Injury Management and Workers Compensation Act 1998.

The court considered the relevant provisions of the Act, including section 352(6) which provides that fresh evidence may be adduced if the absence of the evidence would cause substantial injustice. The court noted that the substantial injustice criterion must be interpreted as requiring a comparison between the result that would emerge if the evidence were taken into account and the result that would emerge if it were not. The court also considered the authorities of CHEP Australia Limited v Strickland and Jones v Dunkel, which provide guidance on the interpretation of the substantial injustice criterion. The court concluded that the fresh evidence proposed by the appellant, if accepted, would not cause substantial injustice within the meaning of section 352(6) of the Act.

Accordingly, the court denied the appellant's application to adduce fresh evidence and confirmed the Arbitrator’s Certificate of Determination dated 15 September 2020. The court found that the absence of the proposed fresh evidence would not cause substantial injustice in the case. The court also noted that the evidence proposed by the appellant was not compelling and did not have the potential to influence the outcome of the case. The court found that the decision maker had properly considered all relevant evidence and had not failed to observe the principles of natural justice.