Volkswagen Financial Services Australia Pty Ltd v Mokohar

In the case of Volkswagen Financial Services Australia Pty Ltd v Mokohar, the applicant sought to challenge aspects of an arbitration determination made in favour of the respondent, Mr Mokohar. The dispute centred around Mr Mokohar's claim for psychological injury and the associated compensation. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issues before the court were whether the Arbitrator erred in their determination regarding the respondent's work capacity and the admissibility of late documents. The applicant argued that the Arbitrator had misapplied the presumption of continuance and that the respondent had failed to provide current evidence of his work capacity. Additionally, the applicant contended that the Arbitrator should not have admitted certain documents that were submitted after the stipulated deadline.

The court examined the Arbitrator's discretion and found that the presumption of continuance was correctly applied in the context of the evidence presented. The court held that the Arbitrator was not bound by the presumption if there was evidence to the contrary. Regarding the late documents, the court concluded that the Arbitrator had the discretion to admit them if it was in the interests of justice. The court found that the Arbitrator's decision to admit the documents was reasonable and did not constitute an error of law. Furthermore, the court rejected the applicant's argument that the Arbitrator improperly considered out-of-date medical evidence, noting that the Arbitrator had the discretion to weigh all relevant evidence.

The court also addressed the applicant's contention that the respondent had not provided current evidence of his work capacity. The court found that the Arbitrator's conclusion on this matter was supported by the evidence and that the presumption of continuance was not applicable beyond the period specified. The court confirmed certain aspects of the Certificate of Determination and revoked and replaced others, while remitting the respondent's entitlement to weekly compensation beyond a specified date to a different Arbitrator for re-determination.