NSW Caselaw
New South Wales Court of Appeal
CITATION: Duinker v St Vincent de Paul Society Aged and Special Services Limited (Lewisham Nursing Home) [2008] NSWCA 127
HEARING DATE(S): 20 May 2008
JUDGMENT DATE: 4 June 2008
JUDGMENT OF: Beazley JA at 1; Hodgson JA at 2; McColl JA at 56
DECISION: Appeal dismissed with costs.
CATCHWORDS: WORKERS COMPENSATION – Determination of claim by Arbitrator – Review of decision by Presidential member – Nature of review – Whether necessary for Presidential member to identify error – Whether Presidential member bound to apply the principle in Abalos – Whether error of law by Presidential member shown.
LEGISLATION CITED: Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 294, 350, 352, 353, 354 Workers Compensation Commission Rules 2006 (NSW), Rule 15.6
CATEGORY: Principal judgment
Abalos v Australian Postal Commission (1990) 171 CLR 167 Boston Clothing Co v Margaronis (1992) 27 NSWLR 580 Fox v Percy [2003] HCA 22, 214 CLR 118 Mifsud v Campbell (1991) 21 NSWLR 725 CASES CITED: Paric v John Holland (Constructions) Proprietary Limited (1985) 59 ALJR 844 Siddik v WorkCover Authority of NSW [2008] NSWCA 116 South Western Sydney Health Service v Edmonds [2007] NSWCA 16 State Transit Authority of New South Wales v Chemler [2007] NSWCA 249 W148/00A v Minister for Immigration and Multicultural Affairs [2001] FCA 679; 185 ALR 703 Watson v Hanimex Colour Services Pty Limited (1992) 8 NSWCCR 190
PARTIES: Nicole DUINKER (Appellant) ST VINCENT DE PAUL SOCIETY AGED and SPECIAL SERVICES LIMITED (Lewisham Nursing Home) ABN 7210 0907 0180 (Respondent)
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