JEFFERY v LINTIPAL PTY LTD [2008] NSWCA 138

New South Wales Court of Appeal

CITATION: JEFFERY v LINTIPAL PTY LTD [2008] NSWCA 138

HEARING DATE(S): 30 May 2008

JUDGMENT DATE: 17 June 2008

JUDGMENT OF: Hodgson JA at 1; Basten JA at 5; Rein J at 70

DECISION: (1) Allow the appeal and set aside the decision of Deputy President Roche made on 23 May 2007. (2) Remit the employer's appeal against the decision of the Arbitrator of 11 January 2007 to the Workers Compensation Commission, constituted by a Presidential member, for further consideration according to law. (3) Order the respondent to pay the appellant's costs of the proceedings in this Court. (4) Grant the respondent a certificate under the Suitors' Fund Act 1951 (NSW), unless disqualified pursuant to s 6(7).

CATCHWORDS: ADMINISTRATIVE LAW – judicial review – error "in point of law" – non-interference with factual findings – Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 353 - COSTS – non-compliance with rules relating to preparation of appeal books - WORDS & PHRASES – "in point of law" – "reasonable action" - WORKERS' COMPENSATION – entitlement to compensation – exclusions – transfer of employee – whether reasonable action taken by employer – objective assessment of reasonableness – belief in reasonableness of third party's actions – whether direction to transfer was contractually binding – Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 234 - WORKERS' COMPENSATION – transfer of employee – employer acting on direction of education authority – employer contractually obliged to act on direction – whether contracting out of workers' compensation legislation –Workers Compensation Act 1987 (NSW) s 11A

Anti-Discrimination Act 1977 (NSW), s 49I LEGISLATION CITED: Uniform Civil Procedure Rules 2005 (NSW), Pt 51, Div 5, Subdiv 3 Workers Compensation Act 1987 (NSW), ss 11A, 40 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 234, 352, 353