Pioneer Studios Pty Ltd v Hills [2012] NSWCA 324

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Pioneer Studios Pty Ltd v Hills [2012] NSWCA 324 Hearing dates: 26 September 2012 Decision date: 26 September 2012 Before: Allsop P at [1], [49] Basten JA at [35] Hoeben JA at [48] Decision: (1) Appeal allowed; (2) Set aside the decision of the Workers Compensation Commission made on 1 June 2011; (3) Remit the matter to the Workers Compensation Commission for consideration according to law; (4) Respondent pay the appellant's costs of the appeal. [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 - entitlement to compensation - worker injured at party held on work premises - party held to farewell work colleague and to celebrate birthdays of persons having no connection to employer - employer provided no food, drink, entertainment or security for party - worker attended party to meet clients, make a good impression and join in with work team - whether sufficient connection between injury and employment Legislation Cited: Workers Compensation Act 1987 (NSW), ss 4, 9, 9A Workers Compensation Legislation Amendment Act 2010 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 352, 353 Cases Cited: Badawi v Nexon Asia Pacific Pty Ltd [2009] NSWCA 324; 75 NSWLR 503 Haider v JP Morgan Holdings Aust Ltd [2007] NSWCA 158; 4 DDCR 634 Hatzimanolis v ANI Corporation Ltd [1992] HCA 21; 173 CLR 473 Henderson v Commissioner of Railways (WA) [1937] HCA 67; 58 CLR 281 Hook v Rolfe (1986) 7 NSWLR 40 Mercer v ANZ Banking Group Ltd [2000] NSWCA 138; 48 NSWLR 740 Roncevich v Repatriation Commission [2005] HCA 40; 222 CLR 115 Sapina v Coles Myer Ltd [2009] NSWCA 71 Smith v Australian Woollen Mills Ltd [1933] HCA 60; 50 CLR 504 Tarry v Warringah Shire Council [1974] WCR 1 Telstra Corporation Ltd v Bowden [2012] FCA 576 Zinc Corporation Ltd v Scarce (1995) 12 NSWCCR 566 Category: Principal judgment Parties: Pioneer Studios Pty Ltd (Appellant) Kathryn Hills (Respondent) Representation: L King SC (Appellant) B J Gross QC and S B Dixon (Respondent) Bartier Perry (Appellant) Carroll & O'Dea (Respondent) File Number(s): 2011/208280 Decision under appeal Citation: [2011] NSWWCCPD 30 Date of Decision: 2011-06-01 00:00:00 Before: Roche DP File Number(s): 6838-2010