Scharrer v The Redrock Co Pty Ltd [2010] NSWCA 365

New South Wales Court of Appeal

CITATION: Scharrer v The Redrock Co Pty Ltd [2010] NSWCA 365

HEARING DATE(S): 24 June 2010

JUDGMENT DATE: 20 December 2010

JUDGMENT OF: McColl JA at 1; Basten JA at 106; Handley AJA at 188

DECISION: Appeal dismissed with costs. [The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

CATCHWORDS: APPEAL – civil – statutory appeal – whether appellant aggrieved by decision of Deputy President on point of law – s 353, Workplace Injury Management and Workers Compensation Act 1998 (NSW) - WORKERS COMPENSATION – whether injury sustained "in the course of employment" – conduct of worker – vehicle provided by employer – employee injured driving home from employer's Christmas party – employee driving in contravention of orders given by employer and under the influence of alcohol – s 14(1), Workers Compensation Act 1987 (NSW) - WORKERS COMPENSATION –"arising out of or in the course of employment" – s 4, s 14(2), Workers Compensation Act 1987 (NSW) - WORKERS COMPENSATION – conduct of worker – whether employee's actions "for the purposes of and in connection with the employer's trade or business" – s 14(1), Workers Compensation Act 1987 (NSW) - WORKERS COMPENSATION – whether employment a substantial contributing factor to the injury – s 9A, Workers Compensation Act 1987 (NSW) - WORDS AND PHRASES – "in the course of employment", "for the purposes of and in connection with the employer's trade or business"