Fairfield City Council v Arduca [2015] NSWCA 166

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Fairfield City Council v Arduca [2015] NSWCA 166 Hearing dates: 13 March 2015 Decision date: 18 June 2015 Before: McColl JA; Meagher JA; Sackville AJA Decision: Leave to appeal refused. Order the applicant pay the respondent's costs of the application for leave to appeal. Catchwords: WORKERS COMPENSATION – Workers Compensation Commission – review of Arbitrator's decision by Presidential member – whether applicant employer denied procedural fairness before Arbitrator – where employer relied on s 57 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) as disentitling worker to weekly compensation – where question raised as to reasonableness of worker's failure to continue in employment – whether provision of "suitable duties" under injury management plan was put in issue

WORKERS COMPENSATION – Workers Compensation Commission – review of Arbitrator's decision by Presidential member – where Presidential member determined whether applicant employer had given notice disputing liability in accordance with s 74 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) – whether when doing so Presidential member failed to engage with substance of employer's argument Legislation Cited: Workers Compensation Act 1987 (NSW), s 43A Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 47, 57, 74, 254, 261, 288, 353 Cases Cited: Mateus v Zodune Pty Limited t/as Tempo Cleaning Services [2007] NSWWCCPD 227; 6 DDCR 488 Category: Principal judgment Parties: Fairfield City Council (Applicant) Giuseppe Arduca (Respondent) Representation: Counsel: J S Emmett (Applicant) B G McManamey (Respondent)