The Star Pty Ltd v Mitchison [2017] NSWCA 149

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: The Star Pty Ltd v Mitchison [2017] NSWCA 149 Hearing dates: 11 May 2017; final written submissions 30 May 2017 Decision date: 23 June 2017 Before: Beazley P at [1]; McColl JA at [2]; Payne JA at [3] Decision: (1) Leave granted to amend the notice of motion filed by the applicant in the District Court on 30 September 2015 in the form contained in the applicant's notice of motion dated 12 May 2017; (2) Leave to appeal granted; (3) Appeal dismissed; (4) Applicant to pay the respondent's costs of the appeal as agreed or assessed. Catchwords: WORKERS COMPENSATION – employer injured when falling down stairs during fire drill at nightclub owned by his employer – whether employee's injury in course of employment – injury occurred during an interval – whether employer induced or encouraged the employee to spend the interval at a particular place or perform a particular activity – whether employee's injury arose out of employment – whether a causal connection established between the injury and the employment Legislation Cited: Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Badawi v Nexon Asia Pacific Pty Limited trading as Commander Australia Pty Limited (2009) 75 NSWLR 503; [2009] NSWCA 324 Comcare v Adrian John Mather (1995) 56 FCR 456; [1995] FCA 1216 Comcare v PVYW (2013) 250 CLR 246; [2013] HCA 41 David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353; [1992] HCA 48 Hatzimanolis v ANI Corporation Ltd (1992) 173 CLR 473; [1992] HCA 21 Kortegast v Williamson [2002] NSWSC 1134 Lawrence v George Matthews (1924) Limited [1929] 1 KB 1 Le Brocq v Workcover Authority of NSW [2008] NSWCA 125 Pioneer Studios Pty Ltd v Hills [2012] NSWCA 324 Pioneer Studios Pty Ltd v Hills [2015] NSWCA 222 Smith v The Australian Woollen Mills Ltd (1933) 50 CLR 504; [1933] HCA 60 Stewart v Metropolitan Water, Sewerage and Drainage Board (1932) 48 CLR 216; [1932] HCA 45 Tran v Vo [2017] NSWCA 134 Category: Principal judgment Parties: The Star Pty Ltd (Applicant) Joshua Mitchison (Respondent) Representation: Counsel: N Polin SC (Applicant) F Austin (Respondent)