NSW Caselaw
Appeal Outcome: Special leave refused with costs by the High Court (s126/2010) 1 October 2010.
New South Wales Court of Appeal
CITATION: DA ROS v QANTAS AIRWAYS LIMITED [2010] NSWCA 89
HEARING DATE(S): 16 April 2010
JUDGMENT DATE: 28 April 2010
JUDGMENT OF: Tobias JA at 1; McColl JA at 2; Basten JA at 3
(1) Allow the appeal and set aside the decision of 27 May 2009 made by the Workers Compensation Commission constituted by Deputy President O'Grady. DECISION: (2) Order that the Commission reconsider the appellant's appeal against the decision of the Arbitrator according to law, on the basis that the appellant's employment was a substantial contributing factor to the injury. (3) Order that the respondent pay the appellant's costs of the appeal.
CATCHWORDS: APPEAL – civil - statutory appeal – Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 353 – point of law - competency - WORDS AND PHRASES –"substantial contributing factor" – Workers Compensation Act 1989 (NSW) s 9A - WORKERS COMPENSATION – employer's liability – whether employment a "substantial contributing factor" - accident occurring during 'slip-time' but in the course of the employment
LEGISLATION CITED: Workers Compensation Act 1987 (NSW), ss 4, 9, 9A Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 353
CATEGORY: Principal judgment
Avon Downs Pty Ltd v Federal Commissioner of Taxation [1949] HCA 26; 78 CLR 353 Badawi v Nexon Asia Pacific Ltd t/as Commander Australia Pty Ltd [2009] NSWCA 324 Collector of Customs v Agfa-Gevaert Ltd [1996] HCA 36; 186 CLR 389 Dayton v Coles Supermarkets Pty Ltd (2000) 19 NSWCCR 526 CASES CITED: Dayton v Coles Supermarkets Pty Ltd [2001] NSWCA 153; 22 NSWCCR 46 Federal Broom Co Pty Ltd v Semlitch [1964] HCA 34; 110 CLR 626 Mercer v ANZ Banking Group [2000] NSWCA 138; 48 NSWLR 740 Murray v Shillingsworth [2006] NSWCA 367; 4 DDCR 313 Watson v Qantas Airways Limited [2009] NSWCA 322 Zickar v MGH Plastic Industries Pty Ltd [1996] HCA 31; 187 CLR 310
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