Tudor Capital Australia Pty Limited v Christensen [2017] NSWCA 260

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tudor Capital Australia Pty Limited v Christensen [2017] NSWCA 260 Hearing dates: 10 – 11 November 2016 Decision date: 17 October 2017 Before: McColl JA at [1], Macfarlan JA at [425], Payne JA at [429] Decision: (1) Appeal allowed;

(2) Set aside the decision of the Workers Compensation Commission made on 25 February 2016;

(3) Remit the matter to the Commission for redetermination;

(4) Respondent to pay the appellant's costs of the appeal and to have a certificate under the Suitors' Fund Act 1951 (NSW) if so entitled. Catchwords: WORKERS COMPENSATION – injury – personal injury arising out of or in the course of employment – where employee suffering from a viral illness died as a result of ventricular fibrillation which caused cardiac arrest – whether Arbitrator and Deputy President identified "injury" within meaning of s 4, Workers Compensation Act 1987 (NSW) – whether employment substantial contributing factor to injury – where Deputy President made finding of "injury" different from Arbitrator – Workers Compensation Act 1987 (NSW), ss 4(a), 9, 9A, 25

WORKERS COMPENSATION – injury – where Deputy President identified "experience of stress" as s 4 "injury" – whether injury "psychological injury" – Workers Compensation Act 1987 (NSW), s 11A

WORKERS COMPENSATION – appeal from Arbitrator to Presidential member pursuant to Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 352 – whether decision of Arbitrator affected by error of fact, law or discretion – whether Presidential member erred in point of law