ALUMINIUM LOUVRES & CEILINGS PTY LIMITED v XUE QIN ZHENG [2006] NSWCA 34

New South Wales Court of Appeal

CITATION: ALUMINIUM LOUVRES & CEILINGS PTY LIMITED v XUE QIN ZHENG [2006] NSWCA 34

HEARING DATE(S): 10 November 2005

JUDGMENT DATE: 2 March 2006

JUDGMENT OF: Handley JA at 1; Bryson JA at 2; Bell J at 40

DECISION: Appeal dismissed with costs.

CATCHWORDS: WORKERS COMPENSATION - Proceedings for compensation - determination of claims - hearing by Commission - cross-examination - Arbitrator limited cross-examination of applicant worker and refused to allow further questions after 35 minutes - on review, Deputy President held that there was no denial of procedural fairness - on appeal, held that the Deputy President was not in error of law - consideration of practice of Commission.

Workers Compensation Act 1926 s.36(3) LEGISLATION CITED: Workers Compensation Act 1987 ss. 4, 9A,14 and 60 Workers Compensation Commission Rules 2003 rules 37, 38 and 42 Workplace Injury Management and Workers Compensation Act 1998 ss. 3, 352, 353, 354, 355, 356, 357, 358, 359 and 367

A & B v. Director of Family Services [1996] ACTSC 48 Allied Pastoral Holdings Pty Ltd v. Federal Commissioner of Taxation [1983] 1 NSWLR 1 Boston Clothing Co Pty Ltd v. Margaronis (1992) 27 NSWLR 580 CASES CITED: Deigman v. State Coal Mines [1956] 30 WCR (NSW) 169 House v. R (1936) 55 CLR 499 R v. War Pensions Entitlement Appeal Tribunal; Ex parte Bott (1933) 50 CLR 228 Stead v. State Government Insurance Commission (1986) 161 CLR 141

PARTIES: Appellant – Aluminium Louvres & Ceiling Pty Limited Respondent – Xue Qin Zheng