YAVUZ TRADING PTY LTD v YAVUZ [1993] NSWCA 297

YAVUZ TRADING PTY LTD v YAVUZ

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, SHELLER and CRIPPS JJA. 18 June 1992, 25 February 1993

[1993] NSWCA 297

The respondent was injured at work and paid compensation from the date of injury until 7 August 1987. A question then arose whether there was a continuing incapacity after that date and whether the respondent was a "worker" for the purposes of the legislation. The Commissioner found she was not a "worker". The respondent appealed to the Compensation Court claiming the Commissioner erred in this finding and had failed to give adequate reasons for his decision. Judge Moroney found the Commissioner had erred in not giving adequate reasons. The appellant then appealed to the Court of Appeal claiming the judge erred in finding the Commissioner failed to give adequate reasons.

Held: The judge erred in holding that the Commissioner failed to adequately state his reasons that the respondent was not a "worker".

The meaning of "review" under s36 Compensation Court Act is wide. It was not the judge's function to deal with the appeal as if it was on a question of law only. The judge did not exercise the jurisdiction he was required to exercise under s36 Compensation Court Act.

Mansini v Director General of Education, Compensation Court, 30 January 1990

Coulton v Holcombe (1986) 162 CLR 1

Housing Commission of New South Wales v Tatmar Pastoral Co Pty Ltd and Penrith Pastoral Co Pty Ltd [1983] 3 NSWLR 78

Pettitt v Dunkley [1971] 1 NSWLR 376

Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247

Rajski v Bainton, Court of Appeal, 6 September 1991, unreported

Marjorie Selena Russell v FJ Walker Ltd, 10 February 1989, Court of Appeal, unreported

Watson v Hanimex Colour Services Pty Ltd, 13 September 1991, Court of Appeal, unreported

Boston Clothing Co Pty Ltd v Margaronis, 6 August 1992, Court of Appeal, unreported