Inghams Enterprises Pty Ltd v Belokoski [2017] NSWCA 313

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Inghams Enterprises Pty Ltd v Belokoski [2017] NSWCA 313 Hearing dates: 28 November 2017 Date of orders: 28 November 2017 Decision date: 07 December 2017 Before: McColl JA at [1]; Basten JA at [2]; Bellew J at [45] Decision: (1) Grant leave to appeal. (2) Direct the appellant to file a notice of appeal in the form of the draft in the White Book within 7 days. (3) Dismiss the appeal. (4) Appellant to pay the respondent's costs of the appeal in this Court. Catchwords: CIVIL PROCEDURE – apprehended bias – recusal application to Deputy President hearing appeal refused – Deputy President involved as arbitrator in earlier proceeding between same parties – earlier proceeding discontinued by consent – whether comment in course of telephone directions hearing that there was "no real issue regarding injury" gave rise to reasonable apprehension of bias in later proceeding where injury was in issue – no context for earlier comment – no finding made on evidence – further evidence filed in later proceeding

WORKERS COMPENSATION – appeal on point of law from decision of Deputy President confirming determination of arbitrator in favour of worker – Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 353 – reasonable apprehension of bias on part of Deputy President Legislation Cited: Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 353, 355 Cases Cited: CUR24 v Director of Public Prosecutions (2012) 83 NSWLR 385; [2012] NSWCA 65 Duncan v Ipp [2013] NSWCA 189; (2013) 304 ALR 359 Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48 Livesey v New South Wales Bar Association (1983) 151 CLR 288; [1983] HCA 17 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Re JRL; Ex parte CJL (1986) 161 CLR 342; [1986] HCA 39 Western Australia v Watson [1990] WAR 248 Category: Principal judgment Parties: Inghams Enterprises Pty Ltd (Appellant) Dejan Belokoski (Respondent) Representation: Counsel: D Saul/J Emmett (Appellant) M Allars SC/C Tanner (Respondent)