CHEP Australia Limited v Strickland [2013] NSWCA 351

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: CHEP Australia Limited v Strickland [2013] NSWCA 351 Hearing dates: 3 September 2013 Decision date: 25 October 2013 Before: Basten JA at [1]; Macfarlan JA at [9]; Barrett JA at [10] Decision: 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 - appeal from decision of Presidential member of the Workers Compensation Commission upon appeal from a decision of the Commission constituted by an arbitrator - appeal to the Court of Appeal is available to a party aggrieved by a decision of the Presidential member in point of law - Presidential member declined to admit further evidence - whether decision that non-admission would not occasion substantial injustice entailed error of law - whether reliance on a particular medical report entailed error of law. Legislation Cited: Evidence Act 1995, Part 3.3 Workers Compensation Legislation Amendment Act 2010, Sch 1 [17] Workplace Injury Management and Workers Compensation Act 1998, ss 352, 353(1), 354 Cases Cited: Aluminium Louvres & Ceilings Pty Ltd v Zheng [2006] NSWCA 34; (2006) 4 DDCR 358 Azzopardi v Tasman UEB Industries Pty Ltd (1985) 4 NSWLR 139 Casey v Cullen Auto Group Pty Ltd [2012] NSWWCCPD 7 CDJ v VAJ [1998] HCA 67; (1998) 197 CLR 172 Chep Australia Ltd v Strickland [2012] NSWWCCPD 27 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; (2010) 241 CLR 390 Northern NSW Local Health Network v Heggie [2013] NSWCA 255 Onesteel Reinforcing Pty Ltd v Sutton [2012] NSWCA 282 Orr v Holmes [1948] HCA 16; (1948) 76 CLR 632 State Transit Authority of New South Wales v Chemler [2007] NSWCA 249; (2007) 5 DDCR 286 The King v Connell; Ex parte The Hetton Bellbird Collieries Ltd [1944] HCA 42; 69 CLR 407 Category: Principal judgment Parties: CHEP Australia Limited (Appellant) Michelle Strickland (Respondent) Representation: Counsel: G J Parker SC/J P Knackstredt (Appellant) B G McManamey/E Grotte (Respondent) Solicitors: HWL Ebsworth Lawyers (Appellant) Turner Freeman (Respondent) File Number(s): CA 2012/192854 Decision under appeal Citation: Chep Australia Ltd v Strickland [2012] NSWWCCPD 27 Date of Decision: 2012-05-24 00:00:00 Before: Keating P File Number(s): WCC No A1-8855 of 2011