High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
GUMMOW, KIRBY, HAYNE AND CALLINAN JJ
NATALIE JANE VETTER APPELLANT
AND
LAKE MACQUARIE CITY COUNCIL RESPONDENT
Vetter v Lake Macquarie City Council [2001] HCA 12
8 March 2001
S27/2000
ORDER
1. Appeal allowed with costs.
2. Set aside orders 1, 2, 4 and 5 of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 16 April 1999.
3. Order that the matter be remitted to the Compensation Court of New South Wales for retrial limited to the question of fault under s 10(1A) of the Workers Compensation Act 1987 (NSW) and that otherwise the appeal to the Court of Appeal be dismissed with costs.
4. Costs of the proceedings in the Compensation Court to be determined by the judge at retrial.
On appeal from the Supreme Court of New South Wales
Representation:
R C Kenzie QC with I D M Roberts for the appellant (instructed by Hunt & Hunt)
D F Jackson QC with A G Bell for the respondent (instructed by Palmieri Lawyers)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Vetter v Lake Macquarie City Council
Workers' compensation – Journey – Workers Compensation Act 1987 (NSW) – Compensation for worker injured on journey from work to place of abode – Worker travelling home after stopping for a meal with a relative – Whether deviation or interruption to the journey.
Workers' compensation – Practice and procedure – Compensation Court Act 1984 (NSW) – Appeal to Court of Appeal on a point of law only – Powers of the Court of Appeal.
Words and phrases – "journey" – "direct route" – "fault" – "place of abode".
Workers' Compensation Act 1926 (NSW), s 7.
Workers Compensation Act 1987 (NSW), s 10.
Compensation Court Act 1984 (NSW), s 32.
1. GLEESON CJ, GUMMOW AND CALLINAN JJ. This appeal requires the Court to construe sections of the Workers Compensation Act 1987 (NSW) ("the Act") and of the Compensation Court Act 1984 (NSW) relating to the ambit of a worker's journey from her place of work to her home and the nature of an appeal from the Compensation Court to the Court of Appeal.
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