STEGGLES PTY LTD v SORCEVSKI [1994] NSWCA 300

STEGGLES PTY LTD v SORCEVSKI SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, MEAGHER and POWELL JJA 29 July 1994, 29 July 1994

[1994] NSWCA 300

Workers' Compensation — Proceedings for compensation — Award Appeal — Jurisdiction of Court of Appeal — Distinction between appeal on question of fact or law.

Workers' Compensation — Proceedings for compensation — Award Reconsideration of- Rescission of- In what circumstances — Consent award for redemption — Alleged absence of consent — Unilateral mistake — application for rescission.

In 1984, R, a Macedonian by birth, who had been employed by A as a process worker, commenced proceedings in the Workers Compensation Commission seeking both weekly compensation and lump sum compensation in relation to injury to both arms - including both shoulders and hands - alleged to have been sustained while working for A.

In 1985, R's application was listed for hearing before Freeman CCJ. On the morning of the hearing, discussions took place between the representatives of R, A and its insurer with a view to redeeming R's claim for weekly compensation and to settling R's claim for lump sum compensation, and an offer of $22,500 was made. Although R later claimed that the offer did not extend to compensation for a back injury which she claimed also to have suffered while employed by A, she signed a form of Consent - which was read to her by an interpreter - to the making of an Award in the form of certain Short Minutes of Order, which Short Minutes of Order provided (inter alia) for the original application to be amended to include a claim for compensation for "Back condition, cervical condition bilateral shoulder forearm and hand conditions and anxiety/depressive state."

The proposed redemption was approved by Freeman CCJ and the amount of $22.500 paid to R, who then executed a form of Common Law Release.