Secretary, Department of Communities and Justice v Miller & Anor (No 5)

The Secretary, Department of Communities and Justice has appealed against an Arbitrator’s decision that Mr Miller and Mr Tuhi were not estopped from pursuing a further claim for compensation for the death of a worker. The decision arose from an application for compensation for the death of a worker, pursuant to the provisions of the Workers Compensation Act 1987 (NSW). The Arbitrator determined that the employer was not estopped from defending the claim on the grounds of res judicata, issue estoppel, or Anshun estoppel. The Secretary, Department of Communities and Justice argues that the Arbitrator erred in fact and law in these respects.

The primary issue before the Court was whether the Arbitrator’s decision was correct. The Court considered whether the principles of estoppel applied to the facts of the case. The Court found that the Arbitrator had erred in fact and law in determining that the employer was not estopped from defending the claim. The Court found that the employer was estopped from defending the claim on the grounds of issue estoppel and Anshun estoppel.

The Court found that the Arbitrator had erred in law in determining that the employer was not estopped from defending the claim on the grounds of issue estoppel and Anshun estoppel. The Court found that the employer had raised the issue of compensation for death of a worker in previous proceedings, and that the issue had been determined in favour of the employer. The Court found that the employer was estopped from pursuing the claim on the grounds of issue estoppel and Anshun estoppel. The Court also found that the Arbitrator had erred in fact and law in determining that compensation for death of a worker was payable by the employer.

The Court revoked the Certificate of Determination dated 11 October 2019 and remitted the matter to another Arbitrator to be dealt with in accordance with these reasons. The Court ordered that the name of the appellant, wherever it appears, is amended to read ‘Secretary, Department of Communities and Justice’.