Simeon Wines t/as Buronga Hill Winery v Bobos

Simeon Wines t/as Buronga Hill Winery (the employer) sought leave to appeal a decision of the Workers Compensation Commission concerning a claim for death benefits under the *Workers Compensation Act 1987* (NSW). The claim was brought by the dependants of a deceased worker, who had been a member of the Bandidos Bikie Gang. The worker had died by suicide, and the dependants argued that his suicide was a consequence of a depressive illness, which in turn was caused by his employment.

The primary legal issues before the court were whether the worker's membership of the Bandidos Bikie Gang constituted a "condition" of his employment for the purposes of section 10(1D) of the Act, and whether there was a sufficient causal relationship between the worker's employment and his death by suicide, given the principles of *ejusdem generis* and the requirement for a casual relationship between the injury and death in cases of suicide. The court also had to consider whether the worker's suicide was a result of his depressive illness or an exercise of free will.

The court considered that the worker's membership of the Bandidos Bikie Gang was not a condition of his employment with Simeon Wines. It was held that the *ejusdem generis* rule, which limits the interpretation of general words following specific words, was not applicable in this instance. Furthermore, the court found that the evidence did not establish a sufficient causal link between the worker's employment and his subsequent suicide, concluding that the suicide was more likely an act of free will rather than a direct consequence of a work-related depressive illness.

The application for leave to appeal was refused with costs.