Secora APII Pty Ltd v Fiddes

[2025] NSWPICPD 60

DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY A MEMBER

CITATION:

Secora APII Pty Ltd v Fiddes [2025] NSWPICPD 60

APPELLANT:

Secora APII Pty Ltd

FIRST RESPONDENT:

Cathryn Marie Fiddes

SECOND RESPONDENT:

Nathan Owen Fiddes

THIRD RESPONDENT:

James Fiddes

FOURTH RESPONDENT:

Alison Fiddes

INSURER:

QBE Workers Compensation (NSW) Limited

FILE NUMBER:

A1-W3848/24

PRESIDENTIAL MEMBER:

Acting Deputy President Paul Sweeney

DATE OF APPEAL DECISION:

13 August 2025

ORDERS MADE ON APPEAL:

1.    The Certificate of Determination dated 11 October 2024 is revoked.

2.    The matter is remitted to another non-presidential member for determination of the issues between the parties.

CATCHWORDS:

WORKERS COMPENSATION – Death of worker – whether inference available that deceased’s employment impaired his diet and sleep – Fuller-Lyons v State of New South Wales(No 3) [2013] NSWSC 1672 applied – evidentiary effect of “slight” knowledge when uncontradicted – whether “common knowledge” that travel to and from work at remote locations can impair diet and sleep – Holland vJones [1917] HCA 26 considered – whether error in determination of “substantial contributing factor” pursuant to s 9A – whether Member engaged with evaluative exercise required by phrase ‘main contributing factor’ in s 4(b) of the Workers Compensation Act 1987

HEARING:

On the papers

REPRESENTATION:

Appellant:

Mr A Joseph, counsel

Hicksons Lawyers

First Respondent:

Mr C Tanner, counsel

Turner Freeman, solicitors

Second Respondent:

Mr R Brown, counsel

Marsdens Law Group

Third Respondent:

Mr A Parker, counsel

Carroll & O’Dea

Fourth Respondent:

No appearance

DECISION UNDER APPEAL:

Fiddes v Secora APII Pty Ltd [2024] NSWPIC 564

SENIOR MEMBER:

Ms E Beilby

DATE OF SENIOR MEMBER’S DECISION:

11 October 2024

INTRODUCTION

1. This appeal concerns the liability of Secora APII Pty Limited (the appellant) to pay compensation to the dependants of the late Michael Fiddes (the deceased), who died on 24 May 2023 in the course of his employment while undertaking an assignment at the Bayswater Power Station (Bayswater).

2. From 2013, the deceased contracted with the appellant to perform consulting work at sites throughout Australia. From April 2022, he worked for the appellant at Bayswater near Muswellbrook in New South Wales.[1]

   [1] First respondent’s statement dated 4 June 2024, Application to Admit Late Documents (AALD) 5 June 2024, p 1.

3. As the deceased resided in Melbourne, he commuted to Bayswater on a weekly basis. He would travel to Muswellbrook on a Monday morning and return to Melbourne either on a Thursday or Friday night.[2] During the working week, he resided with colleagues at the Remington Hotel at Muswellbrook.

   [2] AALD 5 June 2024, p 2.

4. It was the deceased’s custom to telephone his wife, Cathryn (the first respondent), each evening while away from home.[3] During one such call, at approximately 9.10pm on 24 May 2023, the deceased suffered a cardiac arrest in his hotel room. Although his colleagues attempted cardiopulmonary resuscitation (CPR), he was unable to be revived.

   [3] AALD 5 June 2024, p 2.

5. On 9 January 2024, a coroner determined that the cause of the deceased’s death…