Taylor v J & D Stephens Pty Ltd

[2018] NSWCA 267

Court of Appeal

Supreme Court

New South Wales

• Summary available
• Amendment notes

Medium Neutral Citation:	Taylor v J & D Stephens Pty Ltd [2018] NSWCA 267
Hearing dates:	5 July 2018
Date of orders:	12 November 2018
Decision date:	12 November 2018
Before:	McColl AP at [1] Payne JA at [21] Simpson AJA at [28]
Decision:	1. Extend the time for filing the Notice of Appeal. 2. Allow the appeal. 3. Set aside the order of the Deputy President and, in lieu thereof, order that the appeal from the Arbitrator be allowed. 4. Remit the matter to the Workers Compensation Commission for determination according to law. 5. The respondent pay the appellant’s costs of the appeal.
Catchwords:	APPEAL – workers compensation – “disease injury” – appeal against appellate decision of Deputy President – whether Deputy President misapprehended what had been put to the Arbitrator – whether Deputy President failed to exercise jurisdiction   APPEAL – workers compensation – “disease injury” – appeal against appellate decision of Deputy President – whether appellant had suffered an “injury” – whether Deputy President had failed to address substance of appeal ground
Legislation Cited:	Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW)
Cases Cited:	AAI Ltd trading as GIO as agent for the Nominal Defendant v McGiffen [2016] NSWCA 229 Department of Education and Training v Ireland [2008] NSWWCCPD 134 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Harris v Sweeney (Compensation Court (NSW), 23 February 1996, unrep) Hume Steel Ltd v Peart (1947) 75 CLR 242; [1947] HCA 34 Kumar v Legal Services Commissioner [2015] NSWCA 161 Lovell v Lovell (1950) 81 CLR 513 Military Rehabilitation & Compensation v May (2016) 257 CLR 468; [2016] HCA 19 Miller v RC & DM Skinner t/as Deloraine Partnership (No 2), (1998) 16 NSWCCR 222 Nguyen v Cosmopolitan Homes (NSW) Pty Ltd [2008] NSWCA 246 Taylor v J & D Stephens Pty Ltd [2017] NSWWCC 148 Taylor v J & D Stephens Pty Ltd [2017] NSWWCCPD 50 Zickar v MGH Plastic Industries Pty Ltd (1996) 187 CLR 310; [1996] HCA 31
Category:	Principal judgment
Parties:	Matthew Taylor (Appellant) J & D Stephens Pty Ltd (Respondent)
Representation:	Counsel: J W Dodd (Appellant) P Stockley (Respondent)     Solicitors: McCabe Partners Lawyers (Appellant) Lee Legal Group (Respondent)
File Number(s):	2018/77863
Publication restriction:	Nil
Decision under review	Court or tribunal: Workers Compensation Commission Jurisdiction: Civil Citation: [2017] NSWWCCPD 50 Date of Decision: 14 November 2017 Before: Deputy President Wood File Number(s): A1-72/17

HEADNOTE

[This headnote is not to be read as part of the judgment]

The appellant was employed as a shearer, wool presser and shed hand from 1996 to 2011, at times by the respondent. From 2012 to 2015 the respondent was his employer. On 24 June 2015, in the course of that work, he was injured as a result of a faulty piece of equipment. He suffered a crush injury to his right arm. Subsequent…