New South Wales Police Force v Winter [2011] NSWCA 330

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: New South Wales Police Force v Winter [2011] NSWCA 330 Hearing dates: 10 October 2011 Decision date: 28 October 2011 Before: Giles JA at [1] Campbell JA at [2] Handley AJA at [99] Decision: (1) Grant leave to appeal. (2) Appeal upheld. (3) Set aside the orders made in the Workers Compensation Commission on 16 November 2010 , and in lieu thereof, order that the appeal to the Commission constituted by a Presidential member be dismissed and the decision of the Arbitrator confirmed . (4) Order Respondent to pay the Appellant's costs of the appeal, but the Respondent to have a certificate under the Suitors' Fund Act 1951 . [Note: 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: WORKERS COMPENSATION - appeal - appeal from Arbitrator to Presidential member - whether arbitrator denied procedural fairness - content of obligations of procedural fairness in Workers Compensation Commission - where adverse credit finding made, whether party was given reasonable opportunity to answer the case against that party - rule in Browne v Dunn - where cross-examination terminated following objection by counsel of party claiming denial of procedural fairness - whether exchange of documentation before hearing gave party notice of the case that is put against that party