Taylor v J & D Stephens Pty Ltd [2018] NSWCA 267

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Taylor v J & D Stephens Pty Ltd [2018] NSWCA 267 Hearing dates: 5 July 2018 Date of orders: 12 November 2018 Decision date: 12 November 2018 Before: McColl AP at [1] Payne JA at [21] Simpson AJA at [28] Decision: 1. Extend the time for filing the Notice of Appeal. 2. Allow the appeal. 3. Set aside the order of the Deputy President and, in lieu thereof, order that the appeal from the Arbitrator be allowed. 4. Remit the matter to the Workers Compensation Commission for determination according to law. 5. The respondent pay the appellant's costs of the appeal. Catchwords: APPEAL – workers compensation – "disease injury" – appeal against appellate decision of Deputy President – whether Deputy President misapprehended what had been put to the Arbitrator – whether Deputy President failed to exercise jurisdiction

APPEAL – workers compensation – "disease injury" – appeal against appellate decision of Deputy President – whether appellant had suffered an "injury" – whether Deputy President had failed to address substance of appeal ground Legislation Cited: Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: AAI Ltd trading as GIO as agent for the Nominal Defendant v McGiffen [2016] NSWCA 229 Department of Education and Training v Ireland [2008] NSWWCCPD 134 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Harris v Sweeney (Compensation Court (NSW), 23 February 1996, unrep) Hume Steel Ltd v Peart (1947) 75 CLR 242; [1947] HCA 34 Kumar v Legal Services Commissioner [2015] NSWCA 161 Lovell v Lovell (1950) 81 CLR 513 Military Rehabilitation & Compensation v May (2016) 257 CLR 468; [2016] HCA 19 Miller v RC & DM Skinner t/as Deloraine Partnership (No 2), (1998) 16 NSWCCR 222 Nguyen v Cosmopolitan Homes (NSW) Pty Ltd [2008] NSWCA 246 Taylor v J & D Stephens Pty Ltd [2017] NSWWCC 148 Taylor v J & D Stephens Pty Ltd [2017] NSWWCCPD 50 Zickar v MGH Plastic Industries Pty Ltd (1996) 187 CLR 310; [1996] HCA 31 Category: Principal judgment Parties: Matthew Taylor (Appellant) J & D Stephens Pty Ltd (Respondent) Representation: Counsel: J W Dodd (Appellant) P Stockley (Respondent)