Reodica v State Rail Authority [2003] NSWCA 112

New South Wales Court of Appeal

CITATION : Reodica v State Rail Authority [2003] NSWCA 112 revised - 20/05/2003 HEARING DATE(S) : 5 May 2003 JUDGMENT DATE : 20 May 2003

JUDGMENT OF : Mason P at 1; Handley JA at 2; Tobias JA at 3 DECISION : Appeal to be dismissed with costs

CATCHWORDS : Workers' Compensation - error of law - Commissioner and later trial judge found that an alleged assault in the workplace had not taken place and that the appellant was not suffering from post traumatic stress disorder - new hearing ordered on the basis that the Commissioner had failed to address the broader case that the appellant was suffering from general psychological injury due to the nature and circumstances of work - Court of Appeal in obiter stated the question of assault and post traumatic stress disorder could not be revisited in the new hearing - in new hearing judge considered himself bound by earlier statements of the Court that questions of assault and post traumatic stress disorder would be excluded from consideration in the new hearing - whether judge erred in failing to consider and determine the appellant's claims in regards to assault and post traumatic stress disorder - whether s17(1) and (4) of the Compensation Court Act mandated a hearing of all the appellant's claims - appeal dismissed with costs. ND LEGISLATION CITED : Compensation Court Act 1984 s32(1), s17(1) and (4), s34A(1) Vakauta v Kelly (1988) 13 NSWLR 502 Crampton v The Queen (2000) 206 CLR 161 Bruce v Grocon Limited (1995) 11 NSW CCR 247 Warren v Commissioner of Police (1997) 14 NSW CCR 513 Merdonic v Pongrass Operations Pty Ltd [1994] NSW CA No. 40500/91 CASES CITED : CSR Ltd v D'Arcy (1999) 18 NSW CCR 231 Hardaker v Wright & Bruce Pty Limited 1960) 62 SR (NSW) 244 Schipp v Herfords Pty Limited (1975) 1 NSWLR 412 Cawood v Green & Anor NSWCA, 320/13, 1974 State Rail Authority of NSW v Reodica [2000] NSW CA 371 Reodica v State Rail Authority [1999] 11644/1996 PARTIES : Reynato Reodica State Rail Authority FILE NUMBER(S) : CA 40142/02 COUNSEL : A - Mr S Wheelhouse SC R - Mr P R Sternberg SOLICITORS : A - Davidsons, Solicitors R - Baldock Stacey and Niven