WYATT -v- M R & R C SMITH PTY LTD [2008] WASCA 55

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2008] WASCA 55
Court:	THE COURT OF APPEAL (WA)
Case No:	CACV:47/2007	Heard:	6 FEBRUARY 2008
Coram:	WHEELER JA PULLIN JA BUSS JA	Delivered:	10/03/08
No of pages:	17	Judgment Part:	1 of 1
Result:	Leave to appeal granted Appeal allowed
Category:	A
PDF Version

Parties:	ROBERT BRUCE WYATT M R & R C SMITH PTY LTD
Catchwords:	Workers' compensation Issue estoppel First arbitrator asked to determine 'degree of disability' relating to a worker's injury First arbitrator dismissed the application for determination Second arbitrator asked later to determine 'degree of disability' in relation to the same injury with new information Whether an issue estoppel precluded the second arbitrator from determining the 'degree of disability' Statutory task of the arbitrator is the determination of the worker's overall 'degree of disability' and not merely whether the 'degree of disability' is not less than the nominated level Meaning of 'new information' within s 186 of the Workers' Compensation and Injury Management Act 1981 (WA) Proper construction of s 186
Legislation:	Workers' Compensation and Injury Management Act 1981, s 93C, s 93D, s 93E, s 186, s 254
Case References:	Blair v Curran (1939) 62 CLR 464 Carl Zeiss Stiftung v Rayner & Keeler Ltd [No 2] [1967] 1 AC 853 Jackson v Goldsmith (1950) 81 CLR 446 Kuligowski v Metrobus [2004] HCA 34; (2004) 220 CLR 363 Murphy v Abi-Saab (1995) 37 NSWLR 280 Pilcher v H B Brady & Co Pty Ltd [2005] WASCA 159 Ramsay v Pigram (1968) 118 CLR 271 Resa Shipping Co SA v Edmunds [1985] 1 WLR 948 Rogers v The Queen (1994) 181 CLR 251 Sandford v W & R Porteous (Unreported, C11/2006, 30 May 2006)

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : WYATT -v- M R & R C SMITH PTY LTD [2008] WASCA 55 CORAM : WHEELER JA

PULLIN JA

BUSS JA

HEARD : 6 FEBRUARY 2008 DELIVERED : 11 MARCH 2008 FILE NO/S : CACV 47 of 2007 BETWEEN : ROBERT BRUCE WYATT

Appellant

AND

M R & R C SMITH PTY LTD

Respondent

ON APPEAL FROM:

Jurisdiction : DISPUTE RESOLUTION DIRECTORATE, WORKCOVER WA

Coram : COMMISSIONER NISBET QC

File No : C 13 of 2007

Catchwords:

Workers' compensation - Issue estoppel - First arbitrator asked to determine 'degree of disability' relating to a worker's injury - First arbitrator dismissed the application for determination - Second arbitrator asked later to determine 'degree

(Page 2)

of disability' in relation to the same injury with new information - Whether an issue estoppel precluded the second arbitrator from determining the 'degree of disability' - Statutory task of the arbitrator is the determination of the worker's overall 'degree of disability' and not merely whether the 'degree of disability' is not less than the nominated level - Meaning of 'new information' within s 186 of the

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2008] WASCA 55
Decision Date: 11 MARCH 2008

CaseChat Overview and Summary

Wyatt v MR & RC Smith Pty Ltd involved a dispute between an injured worker, Wyatt, and MR & RC Smith Pty Ltd regarding the degree of disability attributable to an injury sustained by Wyatt during his employment. The dispute was initially referred to an arbitrator under the Workers Compensation and Injury Management Act 1981 (WA), who dismissed Wyatt's application for a determination of the degree of disability. A subsequent application was made to a different arbitrator, who was asked to determine the degree of disability in light of new information. MR & RC Smith Pty Ltd argued that the second arbitrator was estopped from making a determination on the ground that the first arbitrator had already determined that the degree of disability was not less than a nominated level. The central legal issues before the court were whether the first arbitrator's dismissal of the application precluded the second arbitrator from determining the degree of disability, and the proper interpretation of "new information" under section 186 of the Act.

The court found that the statutory task of an arbitrator is to determine the overall degree of disability and not merely to decide if it is not less than a nominated level. The court held that the first arbitrator's dismissal did not constitute a determination of the degree of disability, and therefore, the second arbitrator was not estopped from making a determination. The court also clarified that "new information" under section 186 encompasses any additional evidence or information that was not available at the time of the first arbitration, which was the case here. The court's interpretation of section 186 emphasised that the statutory scheme allows for reassessments based on new information, ensuring that workers' compensation claims are handled fairly and justly.

As a result of the court's reasoning, the appeal was allowed, and leave to appeal was granted. The court's decision underscored the importance of the distinction between different types of decisions made by arbitrators and the flexibility within the statutory framework to accommodate new information. This case reinforces the principle that workers' compensation claims can be revisited when new information comes to light, ensuring that outcomes are based on the most current and comprehensive evidence available.

Orders

Orders of the court

Leave to appeal granted

Appeal allowed

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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