New South Wales
Court of Appeal
CITATION: Scharrer v The Redrock Co Pty Ltd [2010] NSWCA 365 HEARING DATE(S): 24 June 2010
JUDGMENT DATE:
20 December 2010JUDGMENT OF: McColl JA at 1; Basten JA at 106; Handley AJA at 188 DECISION: Appeal dismissed with costs.
[The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]CATCHWORDS: APPEAL – civil – statutory appeal – whether appellant aggrieved by decision of Deputy President on point of law – s 353, Workplace Injury Management and Workers Compensation Act 1998 (NSW) - WORKERS COMPENSATION – whether injury sustained "in the course of employment" – conduct of worker – vehicle provided by employer – employee injured driving home from employer's Christmas party – employee driving in contravention of orders given by employer and under the influence of alcohol – s 14(1), Workers Compensation Act 1987 (NSW) - WORKERS COMPENSATION –"arising out of or in the course of employment" – s 4, s 14(2), Workers Compensation Act 1987 (NSW) - WORKERS COMPENSATION – conduct of worker – whether employee's actions "for the purposes of and in connection with the employer's trade or business" – s 14(1), Workers Compensation Act 1987 (NSW) - WORKERS COMPENSATION – whether employment a substantial contributing factor to the injury – s 9A, Workers Compensation Act 1987 (NSW) - WORDS AND PHRASES – "in the course of employment", "for the purposes of and in connection with the employer's trade or business" LEGISLATION CITED: Coal Mines Act 1911 (UK)
Commonwealth Employees’ Compensation Act 1930 (Cth)
Interpretation Act 1987 (NSW)
Road Transport (Safety and Traffic Management) Act 1999 (NSW)
Social Security Contributions and Benefits Act 1992 (UK)
Workmen’s Compensation Act 1910 (NSW)
Workmen’s Compensation Act 1916 (NSW)
Workers’ Compensation Act 1926 (NSW)
Workers’ Compensation (Amendment) Act 1929 (NSW)
Workers’ Compensation Act and Workmen’s Compensation (Broken Hill) Act (Amendment) Act 1942 (NSW)
Workers' Compensation Act 1987 (NSW)
Workers’ Compensation Act 1949 (NT)
Workers’ Compensation Act 1916 (Qld)
Workmen’s Compensation Act, 1897 [60 & 61 Vict, Ch 37]
Workmen’s Compensation Act 1906 (Imp)
Workmen’s Compensation Act 1923 (Imp)
Workmen’s Compensation Act 1925 (Imp)
Workplace Injury Management and Workers Compensation Act 1998 (NSW)CATEGORY: Principal judgment CASES CITED: A G Moore & Co v Donnelly; Fife Coal Co Ltd v Sharp; Fife Coal Co Ltd v Fyfe [1921] 1 AC 329
Allianz Australia Insurance Ltd v GSF Australia Pty Ltd [2005] HCA 26; (2005) 221 CLR 568
Badawi v Nexon Asia Pacific Pty Ltd [2009] NSWCA 324; (2009) 75 NSWLR 503
Bill Williams Pty Ltd v Williams [1972] HCA 23; (1972) 126 CLR 146
Bourton v Beauchamp [1920] AC 1001
Clyde v State of New South…
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Details
- Case
- [2010] NSWCA 365
- Decision Date
CaseChat Overview and Summary
The appeal concerned a worker, Mr Scharrer, who sustained injuries while driving home from his employer's Christmas party. The employer, The Redrock Co Pty Ltd, had provided a vehicle for the worker's use. Mr Scharrer was driving the vehicle in contravention of express orders given by his employer and was under the influence of alcohol at the time of the accident. The appeal was brought before the Court of Appeal of New South Wales.
The primary legal issues before the Court of Appeal were whether Mr Scharrer's injury was sustained "in the course of employment" and whether it arose "out of or in the course of employment" within the meaning of the relevant New South Wales workers compensation legislation. Specifically, the court had to consider whether the worker's actions, including driving in contravention of orders and while intoxicated, were "for the purposes of and in connection with the employer's trade or business" and whether his employment was a substantial contributing factor to the injury. The court also had to determine if the appellant was aggrieved by the Deputy President's decision on a point of law, pursuant to s 353 of the *Workplace Injury Management and Workers Compensation Act 1998* (NSW).
The Court of Appeal reasoned that the provision of a vehicle by the employer for the Christmas party did not, in itself, render the journey home "in the course of employment," particularly given the worker's contravention of express orders and his intoxication. The court applied the principles that an injury arises "in the course of employment" if it occurs during the time of employment and at the place of employment, and in the performance of duties incidental to the employment. The court found that the worker's actions were not for the purposes of or in connection with the employer's trade or business, and that his employment was not a substantial contributing factor to the injury sustained during the journey home under these circumstances.
The appeal was dismissed, and Mr Scharrer was ordered to pay the costs of the appeal.
The primary legal issues before the Court of Appeal were whether Mr Scharrer's injury was sustained "in the course of employment" and whether it arose "out of or in the course of employment" within the meaning of the relevant New South Wales workers compensation legislation. Specifically, the court had to consider whether the worker's actions, including driving in contravention of orders and while intoxicated, were "for the purposes of and in connection with the employer's trade or business" and whether his employment was a substantial contributing factor to the injury. The court also had to determine if the appellant was aggrieved by the Deputy President's decision on a point of law, pursuant to s 353 of the *Workplace Injury Management and Workers Compensation Act 1998* (NSW).
The Court of Appeal reasoned that the provision of a vehicle by the employer for the Christmas party did not, in itself, render the journey home "in the course of employment," particularly given the worker's contravention of express orders and his intoxication. The court applied the principles that an injury arises "in the course of employment" if it occurs during the time of employment and at the place of employment, and in the performance of duties incidental to the employment. The court found that the worker's actions were not for the purposes of or in connection with the employer's trade or business, and that his employment was not a substantial contributing factor to the injury sustained during the journey home under these circumstances.
The appeal was dismissed, and Mr Scharrer was ordered to pay the costs of the appeal.
Orders
Orders of the court
Appeal dismissed with costs.
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Background
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