Watson v Qantas Airways Ltd

Case [2009] NSWCA 322


Reported Decision: 75 NSWLR 5397 DDCR 113

New South Wales


Court of Appeal


CITATION: Watson v Qantas Airways Limited [2009] NSWCA 322
This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 22 June 2009
 
JUDGMENT DATE: 

8 October 2009
JUDGMENT OF: Allsop P at 1; Beazley JA at 1; McColl JA at 1; Basten JA at 69; Handley AJA at 1
DECISION: 1. Appeal allowed.
2. The decision of the Workers Compensation Commission of 26 June 2008 be set aside.
3. The matter be remitted to the Commission for rehearing.
4. The respondent pay the appellant's costs.
CATCHWORDS: WORKERS' COMPENSATION – entitlement to compensation - injury in the course of employment or arising out of employment – injury occurring away from place of employment – injury occurring away from employee’s home –characterisation of overall period of work – circumstances of injury in context of identified overall period of work - WORKERS' COMPENSATION – appeal from Workers Compensation Commission – error in point of law – error apparent in expression of principle - failure to direct adequately to test in binding High Court authority - Workers Compensation Act 1987 (NSW) – s 4 - s 9 - WORDS AND PHRASES –“in the course of employment” – “arising out of employment”
LEGISLATION CITED: Workers Compensation Act 1987 (NSW)
Workplace Injury Management and Workers Compensation Act 1998 (NSW)
CATEGORY: Principal judgment
CASES CITED: ATL Limited v Rolls [1980] 54 WCR (NSW) 327
Baudoeuf v Department of Main Roads (1968) 68 SR (NSW) 406
Bill Williams Pty Limited v Williams [1972] HCA 23; 126 CLR 146
Blacktown City Council v Smith [1996] NSWCA 52
Chubb Security Australia Pty Ltd v Trevarrow [2004] NSWCA 344
Commonwealth v Lyon (1979) 24 ALR 300
Commonwealth v Oliver [1962] HCA 38; 107 CLR 353
Danvers v Commissioner for Railways (NSW) [1969] HCA 64; 122 CLR 529
Davidson v Mould [1944] HCA 10; 69 CLR 96
Dew v Maher [1996] NSWCA 154; 14 NSWCCR 56
Favelle Mort Limited v Murray [1976] HCA 13; 133 CLR 580
Goward v Commonwealth [1957] HCA 60; 97 CLR 355
Haider v J P Morgan Holdings Aust Ltd [2007] NSWCA 158
Hatzimanolis v ANI Corporation Ltd [1992] HCA 21; 173 CLR 473
Henderson v Commissioner of Railways (WA) [1937] HCA 67; 58 CLR 281
Hevi Lift (PNG) Ltd v Etherington [2005] NSWCA 42
HIA Insurance Services Pty Ltd v Kostas [2009] NSWCA 292
Humphrey Earl Limited v Speechley [1951] HCA 75; 84 CLR 126
ICM Agriculture Pty Ltd v Perry [2002] NSWCA 257
Inverell Shire Council v Lewis [1992] NSWCA 114; 8 NSWCCR 562
Le Brocq v Workcover Authority of NSW [2008] NSWCA 125; 6 DDCR 257
Mason v Social Welfare Department [1974] VR 506
McCurry v Lamb [1992] NSWCA 169; 8 NSWCCR 556
McMahon v Lagana [2004] NSWCA 164; 4 DDCR 348
Mendez v Telstra Corporation Ltd (1998)…

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AGLC
Watson v Qantas Airways Ltd [2009] NSWCA 322
Case
[2009] NSWCA 322
Decision Date

CaseChat Overview and Summary

The appeal in *Watson v Qantas Airways Ltd* concerned a dispute over an employee's entitlement to workers' compensation. The case was heard in the Court of Appeal of New South Wales.

The primary legal issues before the court were whether the Workers Compensation Commission had erred in law in its determination of the appellant's claim, specifically concerning the interpretation and application of the phrases "in the course of employment" and "arising out of employment" under the *Workers Compensation Act 1987* (NSW). The court was required to consider whether the Commission had adequately directed itself to the binding authority of the High Court regarding injuries occurring away from the usual place of employment and the employee's home, and how to characterise an overall period of work in such circumstances.

The Court of Appeal found that the Commission had made an error of law in its assessment of the appellant's claim. The court reasoned that the Commission had failed to properly apply the relevant legal tests established by High Court authority when considering the circumstances of the injury in the context of the overall period of work. Consequently, the Commission's decision did not adequately reflect the principles governing compensation for injuries sustained away from the traditional workplace.

The appeal was allowed, the decision of the Workers Compensation Commission was set aside, and the matter was remitted to the Commission for a rehearing. The respondent was ordered to pay the appellant's costs.

Orders

Orders of the court

1. Appeal allowed.

2. The decision of the Workers Compensation Commission of 26 June 2008 be set aside.

3. The matter be remitted to the Commission for rehearing.

4. The respondent pay the appellant's costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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