Pioneer Studios Pty Ltd v Hills [2015] NSWCA 222

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Pioneer Studios Pty Ltd v Hills [2015] NSWCA 222 Hearing dates: 22 June 2015 Decision date: 04 August 2015 Before: McColl JA at [1]; Basten JA at [2]; Simpson JA at [42] Decision: (1) Allow the appeal and set aside the orders made by the Deputy President on 10 July 2014.

(2) In their place:

(a) dismiss the appeal from the decision of the senior arbitrator of 13 January 2011;

(b) order that the appellant worker pay the costs of the respondent employer of that appeal;

(3) Order that the respondent pay the appellant's costs in this Court.

(4) Grant the respondent a certificate under the Suitors' Fund Act 1951 (NSW). Catchwords: WORKERS COMPENSATION - respondent injured at party held on work premises - whether injury arose out of employment - whether injury arose in course of employment - respondent awarded compensation in Workers Compensation Commission by presidential member - injury found to have arisen in course of employment - injury found to have arisen out of employment - appeal from decision of presidential member - appeal limited to appeal in point of law - Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 353(1)

APPEAL - whether Workers Compensation Commission erred in point of law in finding injury arose in course of employment - Hatzimanolis v ANI Corporation Ltd [1992] HCA 21; 173 CLR 473 - Comcare v PVYW [2013] HCA 41; 250 CLR 246 - whether Workers Compensation Commission erred in point of law in finding injury arose out of employment

APPEAL - whether Workers Compensation Commission erred in determining terms and conditions of employment by reference to respondent's subjective perception - employer defines the terms of employment, Henderson v Commissioner of Railways (WA) (1937) 58 CLR 281 - Pioneer Studios Pty Ltd v Hills [2012] NSWCA 324 - appeal allowed Legislation Cited: Workers Compensation Act 1987 (NSW), ss 4, 9, 9A Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 288, 352, 353 Cases Cited: Badawi v Nexon Asia Pacific Pty Ltd t/as Commander Australia Pty Ltd [2009] NSWCA 324; 75 NSWLR 503 Comcare v PVYW [2013] HCA 41; 250 CLR 246 Commonwealth v Oliver [1962] HCA 38; 107 CLR 353 Danvers v Commissioner for Railways [1969] HCA 64; 122 CLR 529 Dhanhoa v The Queen [2003] HCA 40; 217 CLR 1 Hatzimanolis v ANI Corporation Ltd [1992] HCA 21; 173 CLR 473 Hills v Pioneer Studios Pty Ltd [2011] NSWWCCPD 30 Hills v Pioneer Studios Pty Ltd (No 2) [2014] NSWWCCPD 42 Hills v Pioneer Studios Pty Ltd [2014] HCASL 75 Mercer v ANZ Banking Group Ltd [2000] NSWCA 138; 48 NSWLR 740 Pioneer Studios Pty Ltd v Hills [2012] NSWCA 324 Roncevich v Repatriation Commission [2005] HCA 40; 222 CLR 115 Zickar v MGH Plastic Industries Pty Ltd (1996) 187 CLR 310 Category: Principal judgment Parties: Pioneer Studios Pty Ltd (Appellant) Kathryn Hills (Respondent) Representation: Counsel: L King SC (Appellant) B J Gross QC (Respondent)