Iqbal v Hotel Operation Solutions Pty Ltd [2022] NSWCA 138

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Iqbal v Hotel Operation Solutions Pty Ltd [2022] NSWCA 138 Hearing dates: 28 July 2022 Date of orders: 4 August 2022 Decision date: 04 August 2022 Before: Brereton JA at [1]; Mitchelmore JA at [2]; Basten AJA at [3] Decision: (1) Extend time for the filing of the appeal from the decision of the Deputy President of the Personal Injury Commission to 9 March 2022. (2) Dismiss the appeal. (3) Order that the appellant pay the costs of the first respondent in this Court. Catchwords: APPEALS – appeal from determination of Presidential member of the Personal Injury Commission – error-based jurisdiction in reviewing decision of arbitrator – jurisdiction of Court of Appeal – decision in point of law – Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 353 APPEALS – applicant bearing burden of proof of employment-related injury cannot invert onus by pleading no evidence of pre-existing injury – applicant bearing burden of proof cannot rely on own evidence to assert no evidence of pre-existing injury WORKERS COMPENSATION – definition of "injury" – "disease" to be given broadest meaning – categorisation of "biological" and "pathological" changes rejected – Workers Compensation Act 1987 (NSW), s 4(b) Legislation Cited: Personal Injury Commission Act 2020 (NSW), Sch 1 cl 14D Supreme Court Act 1970 (NSW), s 69 Workers Compensation Act 1987 (NSW), ss 4, 9A Workers Compensation Legislation Amendment Act 2012 (NSW), Sch 7[1], [2], [3] Sch 12 cl 20 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 323, 327, 352, 353 Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Chep Australia Ltd v Strickland [2013] NSWCA 351; 12 DDCR 501 Federal Broom Company Pty Ltd v Semlitch (1964) 110 CLR 626; [1964] HCA 34 Iqbal v Hotel Operation Solutions Pty Ltd [2022] NSWCA 88 Northern NSW Local Health Network v Heggie [2013] NSWCA 255 Workers Compensation Nominal Insurer v Hill [2020] NSW 54 Category: Principal judgment Parties: Mohammed Javed Iqbal (Appellant) Hotel Operation Solutions Pty Ltd (Respondent) Representation: Counsel: Ms C Roberts (Respondent)