Sodexo Australia Pty Ltd v Khan

Sodexo Australia Pty Ltd sought to overturn an Arbitrator’s determination that it must pay the plaintiff, Mr Khan, a second claim for permanent impairment compensation. Mr Khan had initially sought compensation for permanent impairment before 19 June 2012. The dispute centred on whether amendments introduced by the Workers Compensation Legislation Amendment Act 2012 applied to the second claim for compensation. The case was heard by the NSW Supreme Court.

The primary legal issue before the court was whether the amendments to the Workers Compensation Act 1987 introduced by the Workers Compensation Legislation Amendment Act 2012 applied to Mr Khan’s second claim for permanent impairment compensation. Specifically, the court had to determine if the second claim was subject to the provisions of clause 15 of Part 19H of Schedule 6 to the Workers Compensation Act 1987 and clause 11 of Schedule 8 to the Workers Compensation Regulation 2010. The court considered the applicability of the principles set out in ADCO Constructions Pty Ltd v Goudappel [2014] HCA 18 and distinguished the reasoning in Sukkar v Adonis Electrics Pty Ltd [2014] NSWCA 459.

The court held that the amendments introduced by the Workers Compensation Legislation Amendment Act 2012 did not apply to Mr Khan’s second claim for permanent impairment compensation. The court found that since the first claim for such compensation was specifically sought prior to 19 June 2012, the second claim was not subject to the new provisions. This decision aligned with the reasoning in ADCO Constructions Pty Ltd v Goudappel [2014] HCA 18 and differed from the approach in Sukkar v Adonis Electrics Pty Ltd [2014] NSWCA 459. Consequently, the Arbitrator’s determination of 29 August 2014 was confirmed.

The final orders of the court were to confirm the Arbitrator’s determination of 29 August 2014 and to make no order as to costs.