Tan v National Australia Bank Ltd

The Court of Appeal of New South Wales considered an appeal by Ms Tan against a decision of the Workers Compensation Commission. The dispute concerned Ms Tan's entitlement to compensation for an injury sustained on 5 April 2004, and specifically, whether she had made a valid "claim" for compensation as required by the *Workplace Injury Management and Workers Compensation Act 1998* (NSW).

The primary legal issues before the Court were whether the Deputy President of the Commission erred in law by rejecting Ms Tan's reliance on section 260(5) of the Act, which deals with the circumstances in which a claim for compensation may be made. This involved determining the nature of a "claim" for the purposes of the Act and whether Ms Tan's actions constituted such a claim, or if any failure to make an adequate claim could be excused. The Court also considered the nature of an internal appeal within the Commission, specifically whether it required the establishment of error.

The Court allowed the appeal, finding that the Deputy President had erred in rejecting Ms Tan's entitlement to invoke section 260(5) in relation to her claim for compensation for the injury of 5 April 2004. The Court remitted this specific matter back to the Commission for determination according to law, without making any orders as to costs.