Dayton v Coles Supermarkets P/L [2001] NSWCA 153

New South Wales Court of Appeal

CITATION : Dayton v Coles Supermarkets P/L [2001] NSWCA 153 FILE NUMBER(S) : CA 40294/00 HEARING DATE(S) : 09/05/01 JUDGMENT DATE : 1 June 2001

Arnold Dayton PARTIES : v Coles Supermarkets Pty Limited JUDGMENT OF : Meagher JA at 1; Giles JA at 20; Davies AJA at 35

LOWER COURT JURISDICTION : Compensation Court LOWER COURT 30427/99 FILE NUMBER(S) : LOWER COURT Burke CCJ JUDICIAL OFFICER :

COUNSEL : A: Mr P Blacket SC/M Thompson R: Mr J Hislop QC/B Roche SOLICITORS : A: RTW & Associates R: Lander & Rogers CATCHWORDS : Workers Compensation - compensation sought for schizophrenia caused by stressful events in the workplace - whether employment substantial contributing factor to injury - meaning of 'substantial' in Workers Compensation Act (1987), s9A - whether worker suffered an 'injury' - whether acts arising out of or in the course of employment - appeal dismissed. LEGISLATION CITED : Workers Compensation Act 1987 (NSW) s 9A CASES CITED: Tillmanns Butcheries Pty Ltd v Australian Meat Industry Employees' Union (1979) 27 ALR 367 Zinc Corporation Ltd v Scarce (1995) 12 NSWCCR 566 DECISION : Appeal dismissed with costs.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

40294/00

MEAGHER JA GILES JA DAVIES AJA

Friday, 1 June 2001 ARNOLD DAYTON v COLES SUPERMARKETS PTY LIMITED JUDGMENT

FACTS The appellant was employed at the Pagewood store of the respondent, Coles Supermarkets Pty Limited. He alleged that stressful events which occurred at work caused him to develop schizophrenia, and sought workers' compensation. The trial judge dismissed the appellant's claim on the basis that the stressful events complained of were not a substantial contributing factor to the appellant's injury. His Honour found that the major causes of the appellant's illness were a genetic or biological susceptibility to schizophrenia and his prolonged use of marijuana. The first ground of appeal was that the trial judge erred in the meaning he gave to 'substantial'. His Honour's finding as to role of marijuana in the aetiology of the illness formed the second ground of appeal.