SIMEON WINES t/as BURONGA HILL WINERY v BOBOS [2004] NSWCA 342

SIMEON WINES t/as BURONGA HILL WINERY v BOBOS [2004] NSWCA 342

Leave to appeal was refused because membership of the Bandidos Bikie Gang was not a condition of the same kind as a medical condition and therefore was not an "other condition of the worker" within s10(1D); it was consequently unnecessary to decide whether the journey caused or contributed to the injury. The finding that the suicide was a consequence of depressive illness precipitated by the journey injury, rather than an exercise of free will, was a finding of fact made with reference to the applicable principles and did not justify leave on a point of law.

Jurisdiction
Australia
Judgment Date
28 September 2004
Procedural Posture
Workers Compensation Appeal / Application for Leave to Appeal From a Decision of Mc Growdie ACCJ in the Compensation Court
Outcome
Application for leave to appeal refused with costs.
Legal Topics
['journey Claims' 'medical or Other Condition of the Worker' 'ejusdem Generis' 'death by Suicide' 'intentional Self Inflicted Injury' 'causation' 'funeral Expenses']
['workers Compensation'] ['journey Claims' 'medical or Other Condition of the Worker' 'ejusdem Generis' 'death by Suicide' 'intentional Self Inflicted Injury' 'causation' 'funeral Expenses']

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Procedural Posture

Workers Compensation Appeal / Application for Leave to Appeal From a Decision of Mc Growdie ACCJ in the Compensation Court

Legal Issues

  1. 1 ['Whether the worker\'s membership of the Bandidos Bikie Gang was an "other condition of the worker" within s10(1D) of the Workers Compensation Act 1987.' 'Whether the journey to work caused or contributed to the shooting injury for the purposes of s10(1D) of the Workers Compensation Act 1987.' "Whether compensation was excluded because the worker's death by suicide was caused by an intentional self-inflicted injury under s14(3) of the Workers Compensation Act 1987." "Whether the trial Judge's finding that suicide was a consequence of depressive illness raised a point of law on appeal."]

Ratio Decidendi

Leave to appeal was refused because membership of the Bandidos Bikie Gang was not a condition of the same kind as a medical condition and therefore was not an "other condition of the worker" within s10(1D); it was consequently unnecessary to decide whether the journey caused or contributed to the injury. The finding that the suicide was a consequence of depressive illness precipitated by the journey injury, rather than an exercise of free will, was a finding of fact made with reference to the applicable principles and did not justify leave on a point of law.

Court Disposition

Application for leave to appeal refused with costs.

Orders

  • ['Application for leave to appeal refused with costs.']