Inghams Enterprises Pty Ltd v Sok [2014] NSWCA 217

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Inghams Enterprises Pty Ltd v Sok [2014] NSWCA 217 Hearing dates: 26 May 2014 Decision date: 07 July 2014 Before: Basten JA at [1]; Barrett JA at [62]; Sackville AJA at [63] Decision: (1) Dismiss the appeal by Inghams Enterprises Pty Ltd from the decision of the Workers Compensation Commission (Deputy President O'Grady) given on 17 July 2013. (2) The appellant must pay the costs of the first respondent (Ms Sok) and of the second respondent (Integrated Parramatta Services Pty Ltd) in this Court. (3) No order as to the costs of the WorkCover Authority. [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 to Deputy President - errors of fact alleged against arbitrator - appeal limited to any error of fact, law or discretion - whether Deputy President failed to exercise appellate jurisdiction by restricting inquiry to errors of law - whether Deputy President failed to engage with the evidence to determine whether there were any errors of fact - Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 352

WORKERS' COMPENSATION - jurisdiction of Workers Compensation Commission - dispute over liability for weekly payments of compensation - no determination of a dispute over a "work capacity decision" by an insurer permitted - decision by insurer to dispute liability not a "work capacity decision" - whether jurisdiction excluded over matters which fall within the description of a "work capacity decision" - effect of transitional provisions - Workers Compensation Act 1987 (NSW), ss 43, 44, Sch 6 Pt 19H cl 3, cl 14 - Workers Compensation Regulation 2010 (NSW) Sch 8 cl 3 Legislation Cited: Workers Compensation Act, ss 16, 32A, 33, 36, 37, 38, 43, 44, 44A, 52; Pt 3, Div 2; Sch 6, Pt 19H, cll 1, 3, 8, 9, 14; Workers Compensation Legislation Amendment Act 2012 (NSW) Workers Compensation Regulation 2010 (NSW), Sch 8, cl 3 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 106, 352, 353 Cases Cited: Cabal v United Mexican States [2001] FCA 427; 108 FCR 311 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; 203 CLR 194 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; 241 CLR 390 Northern NSW Local Health Network v Heggie [2013] NSWCA 255 State Transit Authority of New South Wales v Chemler [2007] NSWCA 249; 55 DDCR 286 Turnbull v NSW Medical Board [1976] 2 NSWLR 281 Whiteley Muir & Zwanenberg Ltd v Kerr (1966) 39 ALJR 505 Category: Principal judgment Parties: Inghams Enterprises Pty Ltd (Appellant) Chan Tha Sok (First Respondent) Integrated Parramatta Services Pty Ltd (Second Respondent) WorkCover Authority of NSW (Intervener) Representation: Counsel: Mr J S Emmett/Mr D G Saul (Appellant) Mr B A Olding (First Respondent) Mr S L Flett (Second Respondent) Mr P D Herzfeld (Intervener) Solicitors: Leigh Virtue & Associates (Appellant) Frisina Lawyers (First Respondent) Bartier Perry (Second Respondent) WorkCover Authority of NSW (Intervener) File Number(s): CA 2012/237227 Decision under appeal Citation: Inghams Enterprises Pty Ltd v Sok [2013] NSWWCCPD 39 Date of Decision: 2013-07-17 00:00:00 Before: O'Grady DP Workers Compensation Commission File Number(s): WCC 6074 of 2012