Workers Compensation Nominal Insurer v Hill [2020] NSWCA 54

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Workers Compensation Nominal Insurer v Hill [2020] NSWCA 54 Hearing dates: 6 March 2020 Date of orders: 31 March 2020 Decision date: 31 March 2020 Before: Basten JA at [1]; Payne JA at [61]; Simpson AJA at [62] Decision: (1) Dismiss the appeal from the determination of Deputy President Wood in the Workers Compensation Commission given on 22 July 2019.

(2) Order that the appellant pay the costs in this Court of the second and third respondents. Catchwords: WORKERS COMPENSATION ­– determination of arbitrator – appeal to Deputy President – appeal limited to error of fact, law or discretion – whether Deputy President misunderstood scope of her jurisdiction – Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 352

WORKERS COMPENSATION – entitlement to compensation – deceased worker employed to work at home – deceased killed by co-worker and de-facto partner – attack inspired by his paranoid delusions – delusions related to work and personal relationship – whether evidence of causal link between worker's employment and harm suffered – evidence of substantial contributing factor – whether Deputy President erred in finding as to evidence – Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 4 and 9A Legislation Cited: Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), s 67 Federal Court of Australia Act 1976 (Cth), Pt III, Div 2 Supreme Court Act 1970 (NSW), s 75A Workers Compensation Act 1987 (NSW), ss 4, 9A, 11A, 25 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 288, 352, 353, 375 Cases Cited: Amaba Pty Ltd v Booth [2010] NSWCA 344 Badawi v Nexon Asia Pacific Pty Ltd (2009) 75 NSWLR 503; [2009] NSWCA 324 Ballina Shire Council v Knapp [2019] NSWCA 146 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424; [2001] FCA 1833 Carroll v S L Hill & Associates Pty Ltd [2018] NSWWCCPD 17 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088; [2003] HCA 26 Inghams Enterprises Pty Ltd v Sok [2014] NSWCA 217 Kalokerinos v HIA Insurance Services Pty Ltd [2004] NSWCA 312 Kelly v Secretary, Department of Family and Community Services [2014] NSWCA 102 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 Norbis v Norbis (1986) 161 CLR 513; [1986] HCA 17 Northern NSW Local Health Network v Heggie [2013] NSWCA 255; 12 DDCR 95 Pioneer Studios Pty Ltd v Hills [2012] NSWCA 324 Warren v Coombes (1979) 142 CLR 531; [1979] HCA 9 Watson v Qantas Airways Ltd (2009) 75 NSWLR 539; [2009] NSWCA 322 Whiteley Muir and Zwanenberg Ltd v Kerr (1966) 39 ALJR 505 Category: Principal judgment Parties: Workers Compensation Nominal Insurer (Appellant) Steven Leslie Hill (First Respondent) Liam Charles Christy Carroll (Second Respondent) Jeffrey Charles Burrowes and Julie Anne Burrowes as tutors for Charles Steven Leslie Hill (Third Respondent) Representation: Counsel: Mr G M Watson SC / Ms B J Tronson (Appellant) First Respondent in person – appeared via telephone Mr I D Roberts SC / Mr S Hunt (Second Respondent) Mr P A Regattieri (Third Respondent)