South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16

New South Wales Court of Appeal

CITATION: South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 1 March 2006

JUDGMENT DATE: 16 February 2007

JUDGMENT OF: Giles JA at 1; Tobias JA at 11; McColl JA at 12

DECISION: 1.Leave to appeal granted. 2. Appellant to file Notice of Appeal within seven (7) days of this order. 3.Appeal allowed. 4.Deputy President's decision set aside. 5.Each party to bear their own costs of the proceedings before the Deputy President. 6.Matter remitted to the Commission constituted by a Presidential member for determination by the Commission in accordance with the decision of the Court. 7.Respondent to pay the costs of the appeal and to have a certificate under the Suitors Fund Act 1951 if otherwise qualified.

CATCHWORDS: Workers Compensation – procedure – Arbitrator – whether decision affected by actual bias – Arbitrator formulated case for claimant, then found it proved – whether guilty of prejudgment - Procedure – Arbitrator required to act in accordance with equity, good conscience and the substantial merits of the case – not bound by the rules of evidence – whether finding constituted an error of law – principles considered. (D)

Evidence Act 1995 Suitors Fund Act 1951 Workers Compensation Act 1987 Workers Compensation Legislation Amendment Act 2001 LEGISLATION CITED: Workers Compensation Legislation Further Amendment Act 2001 Workplace Injury Management and Workers Compensation Act 1998 Administrative Appeals Tribunal Act 1975 (Cth) Commonwealth Electoral Act 1918 (Cth) Migration Act 1958 (Cth) Workers Compensation Commission Rules 2003