STAR CITY PTY LTD v HUDSON [2007] NSWCA 188

New South Wales Court of Appeal

CITATION: STAR CITY PTY LTD v HUDSON [2007] NSWCA 188

HEARING DATE(S): 18 July 2007

JUDGMENT DATE: 18 July 2007

JUDGMENT OF: Beazley JA at 13; Campbell JA at 14; Handley AJA at 1

DECISION: Appeal dismissed with costs.

CATCHWORDS: WORKERS COMPENSATION - Appeal – no question of principle.

LEGISLATION CITED: Workplace Injury Management and Workers Compensation Act 1998

PARTIES: Star City Pty Limited - Appellant Liana Hudson - Respondent

FILE NUMBER(S): CA 40763/2006

COUNSEL: A: G. Little SC and M. Best R: D.R. Benson

SOLICITORS: A: George Mallos (Bondi Junction) R: Steve Masselos & Co.

LOWER COURT JURISDICTION: Workers Compensation Commission

LOWER COURT FILE NUMBER(S): WC 15875/2005

LOWER COURT JUDICIAL OFFICER: Bill Roche ADP

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40763/06

BEAZLEY JA CAMPBELL JA HANDLEY AJA

WEDNESDAY 18 JULY 2007 STAR CITY PTY LIMITED v LIANA HUDSON

CATCHWORDS

WORKERS COMPENSATION – Appeal – no question of principle.

HEADNOTE

A Deputy President of the Workers Compensation Commission dismissed an employer's appeal from the decision of an Arbitrator in favour of the worker. On a further appeal to the Court of Appeal which was limited to questions of law, the employer challenged the finding that notice had been given in respect of one of the worker's injuries. The Deputy President rejected the employer's appeal on that question on three grounds. Held: there was evidence to support the Deputy President's decision on two of those grounds, and any error of law in his decision on the other ground could not vitiate his ultimate decision. ORDERS