Woolworths Group Limited v Moriarty

Case

[2025] NSWPICPD 64

8 September 2025


Details
AGLC Case Decision Date
Woolworths Group Limited v Moriarty [2025] NSWPICPD 64 [2025] NSWPICPD 64 8 September 2025

CaseChat Overview and Summary

Woolworths Group Limited appealed against a decision of the Personal Injury Commission concerning the validity of a claim for workers' compensation made by Moriarty. The dispute centered around whether Moriarty's employment with Woolworths Group Limited was a substantial contributing factor to an injury he sustained, and if so, whether Woolworths Group Limited was liable for compensation. The matter was heard in the New South Wales Court of Appeal.

The court was required to determine the correct approach to be adopted on appeal in assessing allegations of factual error, particularly in relation to the adequacy of reasons provided by the Personal Injury Commission. It also needed to consider whether the Commission had correctly applied the relevant statutory provisions, including section 294 and section 9A of the Workers Compensation Act 1987, and whether the inferential findings made by the Commission were supported by the evidence.

In reaching its decision, the court considered a number of precedents, including State of New South Wales v Culhana, Warren v Coombes, and Fox v Percy, which informed the approach to factual error and the weight to be given to inferential findings. The court found that the Personal Injury Commission had failed to adequately address the evidence and make clear findings on the key issues. The Commission's reasons were deemed insufficient under the principles established in Beale v Government Insurance Office of NSW, Mifsud v Campbell, Pollard v RRR Corporation Pty Ltd, and Soulemezis v Dudley. The court also noted that the Commission had not properly applied the relevant statutory provisions and had overlooked some of the evidence.

As a result, the court allowed the appeal, set aside the decision of the Personal Injury Commission, and remitted the matter back to the Commission for rehearing. The court ordered that the Personal Injury Commission reconsider the evidence and make fresh findings on the key issues, ensuring that its reasons adequately addressed the evidence and the applicable legal principles.
Details

Areas of Law

  • Workers Compensation Law

Legal Concepts

  • Admissibility of Evidence

  • Factual Error

  • Inferential Findings

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Cases Citing This Decision

0

Cases Cited

28

Statutory Material Cited

0

Licul v Corney [1976] HCA 6
P & O Ports Limited v Hawkins [2007] NSWWCCPD 87
Seltsam Pty Ltd v McGuiness [2000] NSWCA 29