STATE TRANSIT AUTHORITY OF NEW SOUTH WALES v CHEMLER [2006] NSWCA 249

New South Wales Court of Appeal

CITATION: STATE TRANSIT AUTHORITY OF NEW SOUTH WALES v CHEMLER [2006] NSWCA 249

HEARING DATE(S): 28 August 2006

JUDGMENT DATE: 8 September 2006

JUDGMENT OF: Handley JA at 1; Santow JA at 2; McColl JA at 26

DECISION: Appeal allowed with costs; see orders at [25].

CATCHWORDS: WORKERS COMPENSATION - Psychological injury –whether any psychological injury suffered by respondent wholly or predominantly caused by disciplinary action taken by appellant – nature of reasons giving rise to error in point of law.

LEGISLATION CITED: Workers Compensation Act 1987 s9A(1), s11A(1) Workplace Injury Management and Workers Compensation Act 1998 s353

CASES CITED: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139

PARTIES: STATE TRANSIT AUTHORITY OF NEW SOUTH WALES (Appellant) Fritz CHEMLER (Respondent)

FILE NUMBER(S): CA 40719/05

COUNSEL: G WATSON, SC/ D SANT (Appellant) S GORMLEY, SC/ B McMANAMEY (Respondent)

SOLICITORS: Sparke Helmore (Appellant) Turner Freeman (Respondent)

LOWER COURT JURISDICTION: Workers Compensation Commission

LOWER COURT FILE NUMBER(S): WCC509-04

LOWER COURT JUDICIAL OFFICER: Acting Deputy President Robin Handley

LOWER COURT DATE OF DECISION: 10 August 2005

LOWER COURT MEDIUM NEUTRAL CITATION: [2005] NSW WCC PD 82

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40719/05 WCC 509/04

HANDLEY JA SANTOW JA McCOLL JA