Court of Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Workers Compensation Nominal Insurer v Hill [2020] NSWCA 54 Hearing dates: 6 March 2020 Date of orders: 31 March 2020 Decision date: 31 March 2020 Before: Basten JA at [1];
Payne JA at [61];
Simpson AJA at [62]Decision: (1) Dismiss the appeal from the determination of Deputy President Wood in the Workers Compensation Commission given on 22 July 2019.
(2) Order that the appellant pay the costs in this Court of the second and third respondents.Catchwords: WORKERS COMPENSATION – determination of arbitrator – appeal to Deputy President – appeal limited to error of fact, law or discretion – whether Deputy President misunderstood scope of her jurisdiction – Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 352
WORKERS COMPENSATION – entitlement to compensation – deceased worker employed to work at home – deceased killed by co-worker and de-facto partner – attack inspired by his paranoid delusions – delusions related to work and personal relationship – whether evidence of causal link between worker’s employment and harm suffered – evidence of substantial contributing factor – whether Deputy President erred in finding as to evidence – Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 4 and 9ALegislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), s 67
Federal Court of Australia Act 1976 (Cth), Pt III, Div 2
Supreme Court Act 1970 (NSW), s 75A
Workers Compensation Act 1987 (NSW), ss 4, 9A, 11A, 25
Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 288, 352, 353, 375Cases Cited: Amaba Pty Ltd v Booth [2010] NSWCA 344
Badawi v Nexon Asia Pacific Pty Ltd (2009) 75 NSWLR 503; [2009] NSWCA 324
Ballina Shire Council v Knapp [2019] NSWCA 146
Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424; [2001] FCA 1833
Carroll v S L Hill & Associates Pty Ltd [2018] NSWWCCPD 17
Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088; [2003] HCA 26
Inghams Enterprises Pty Ltd v Sok [2014] NSWCA 217
Kalokerinos v HIA Insurance Services Pty Ltd [2004] NSWCA 312
Kelly v Secretary, Department of Family and Community Services [2014] NSWCA 102
Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32
Norbis v Norbis (1986) 161 CLR 513; [1986] HCA 17
Northern NSW Local Health Network v Heggie [2013] NSWCA 255; 12 DDCR 95
Pioneer Studios Pty Ltd v Hills [2012] NSWCA 324
Warren v Coombes (1979) 142 CLR 531; [1979] HCA 9
Watson v Qantas Airways Ltd (2009) 75 NSWLR 539; [2009] NSWCA 322
Whiteley Muir and Zwanenberg Ltd v Kerr (1966) 39 ALJR 505Category: Principal judgment Parties: Workers Compensation Nominal Insurer (Appellant)
Steven Leslie Hill (First Respondent)
Liam Charles Christy Carroll (Second Respondent)
Jeffrey Charles Burrowes and Julie Anne Burrowes as tutors for Charles Steven Leslie Hill (Third Respondent)Representation: Counsel:
Mr G…
Keep reading for free
Create a free CaseChat account to read Workers Compensation Nominal Insurer v Hill. and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
Details
- Case
- [2020] NSWCA 54
- Decision Date
CaseChat Overview and Summary
The Workers Compensation Nominal Insurer appealed to the Court of Appeal of New South Wales against a decision of the Deputy President of the Workers Compensation Commission. The appeal concerned the entitlement of the respondent, Ms. Hill, to workers compensation following the death of her de facto partner, Mr. Hill, who was employed by the appellant's insured. Mr. Hill was killed by a co-worker, who was also his de facto partner, during an attack motivated by paranoid delusions.
The primary legal issues before the Court of Appeal were whether the Deputy President had misunderstood the scope of her appellate jurisdiction under section 352 of the *Workplace Injury Management and Workers Compensation Act 1998* (NSW), and whether she had erred in her findings regarding the causal link between Mr. Hill's employment and his death. Specifically, the court considered whether the Deputy President correctly determined that there was sufficient evidence of a substantial contributing factor to Mr. Hill's death arising out of or in the course of his employment, as required by sections 4 and 9A of the Act.
The Court of Appeal found that the Deputy President had not misunderstood her appellate jurisdiction. It held that her review of the evidence was within the permissible scope of an appeal limited to error of fact, law, or discretion. Regarding the causal link, the court determined that the Deputy President had not erred in her findings. The court reasoned that the paranoid delusions of the co-worker, which led to the fatal attack, were influenced by both Mr. Hill's work and their personal relationship. The Deputy President was entitled to find that the employment provided the occasion for the attack, and therefore, the employment was a substantial contributing factor to Mr. Hill's death, even though the immediate cause was the co-worker's personal delusions.
The appeal was dismissed.
The primary legal issues before the Court of Appeal were whether the Deputy President had misunderstood the scope of her appellate jurisdiction under section 352 of the *Workplace Injury Management and Workers Compensation Act 1998* (NSW), and whether she had erred in her findings regarding the causal link between Mr. Hill's employment and his death. Specifically, the court considered whether the Deputy President correctly determined that there was sufficient evidence of a substantial contributing factor to Mr. Hill's death arising out of or in the course of his employment, as required by sections 4 and 9A of the Act.
The Court of Appeal found that the Deputy President had not misunderstood her appellate jurisdiction. It held that her review of the evidence was within the permissible scope of an appeal limited to error of fact, law, or discretion. Regarding the causal link, the court determined that the Deputy President had not erred in her findings. The court reasoned that the paranoid delusions of the co-worker, which led to the fatal attack, were influenced by both Mr. Hill's work and their personal relationship. The Deputy President was entitled to find that the employment provided the occasion for the attack, and therefore, the employment was a substantial contributing factor to Mr. Hill's death, even though the immediate cause was the co-worker's personal delusions.
The appeal was dismissed.
Orders
Orders of the court
includes an award, interim award, order, determination, ruling, opinion and direction.
7.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.