NOAHS LTD (t/as The Lakeside Hotel) and ANOR v GLOVER [1995] NSWCA 323

NOAHS LTD (t/as The Lakeside Hotel) v GLOVER SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, CLARKE and MEAGHER JJA 13 June 1995, 20 September 1995

[1995] NSWCA 323

WORKER INJURED OUTSIDE NSW — WHETHER ENTITLED TO COMPENSATION — sl3 OF WORKERS COMPENSATION ACT 1987 — POWER TO APPEAL: s32(1)

Appeal from Compensation Court — Worker injured outside New South Wales Whether entitled to compensation — S13 of Workers Compensation Act 1987 Contract of employment made within New South Wales — Section satisfied: s13(1)(a). Appeal from interlocutory orders — Power to appeal: s32(1).

ORDERS 1. Appeal dismissed with costs. 2. Proceeding returned to the Compensation Court.

Mahoney JA These proceedings arise from injuries received by the respondent worker whilst driving home from work on 16 August 1982. The worker's work place at the relevant time, the Lakeside Hotel, and his place of abode were both located in the Australian Capital Territory. He brought proceedings in the Compensation Court of New South Wales claiming to be entitled to compensation under the Workers Compensation Act 1987 ("the Act").

The worker's claim was heard by his Honour Judge Egan. The employer, who is the first appellant Wore this Court, resisted the worker's claim on the grounds that not only was the worker not injured in New South Wales, he was not employed in New South Wales. Therefore, Egan J considered, as a preliminary issue, whether the worker satisfied the requirements of s13 of the Act, that is, whether the injuries suffered by the worker outside of New South Wales were compensable under the Act.

His Honour held that the worker was employed in New South Wales, and that therefore his injuries were compensable under the Act: s13. The employer has appealed to this Court from this preliminary determination. The employer's right of appeal is based on s32(1) of the Compensation Court Act 1984 which states that "'a party aggrieved by an award of the [Compensation] Court may appeal to the Supreme Court". S31(1) of the same Act defines "award" as including an "interim award, order, decision, determination, ruling and direction". Both parties have agreed that the interlocutory decision of Egan J falls within this definition, and so there is a right of appeal.