Onesteel Reinforcing Pty Ltd v Sutton [2012] NSWCA 282

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Onesteel Reinforcing Pty Ltd v Sutton [2012] NSWCA 282 Hearing dates: 28 August 2012 Decision date: 28 August 2012 Before: Allsop P at [1], McColl JA at [5], Basten JA at [75] Decision: 1. The name of the appellant be amended to Onesteel Reinforcing Pty Ltd. 2. Appeal dismissed with costs. [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 - Workers Compensation Commission - Arbitrator's decision - appeal to Presidential Member - error of law - whether no evidence to support finding that respondent injured while working for appellant - whether arbitrator answered wrong question in situation where possibility injury occurred at two workplaces

WORKERS COMPENSATION - procedure - s 354 Workplace Injury Management and Workers Compensation Act 1998 - procedures before Commission not governed by rules of evidence - arbitrator required to draw conclusions from material that is satisfactory in probative sense - where respondent's credit impugned - whether arbitrator entitled to rely on expert reports where medical history respondent gave experts differed from evidence accepted by arbitrator

WORKERS COMPENSATION - procedure - procedures before Commission not governed by rules of evidence - Workers Compensation Commission Rules -evidence required to be logical and probative, relevant to facts in issue and issues in dispute, not based on speculation or unsubstantiated assumptions, not in form of unqualified opinions - not a reintroduction of rules of evidence