Kasim v Busways Blacktown Pty Ltd [2003] NSWCC 6

Kasim v Busways Blacktown Pty Ltd [2003] NSWCC 6

The Court found that the applicant was not an honest or reliable witness and that video evidence showed he initiated and persisted in an assault on a passenger. Although any injury arose out of the employment because the provocation arose from the driver-passenger relationship, it did not arise in the course of employment. Any injury was solely attributable to the applicant's serious and wilful misconduct, and the applicant failed to prove serious and permanent disablement or ongoing incapacity. Compensation was therefore not payable.

Jurisdiction
Australia
Judgment Date
26 May 2003
Procedural Posture
Workers Compensation Claim / Ex Tempore Judgment After Hearing
Outcome
Award for the respondent.
Legal Topics
['weekly Payments of Compensation' 'lump Sum Compensation' 'incapacity for Work' 'arising Out of or in the Course of Employment' 'substantial Contributing Factor' 'serious and Wilful Misconduct' 'serious and Permanent Disablement']
['workers Compensation' 'employment Law' 'personal Injury'] ['weekly Payments of Compensation' 'lump Sum Compensation' 'incapacity for Work' 'arising Out of or in the Course of Employment' 'substantial Contributing Factor' 'serious and Wilful Misconduct' 'serious and Permanent Disablement']

Case Brief

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Procedural Posture

Workers Compensation Claim / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether any injury sustained by the applicant arose out of or in the course of his employment with the respondent.' "Whether the applicant's employment was a substantial contributing factor to any injury." "Whether compensation was barred because any injury was solely attributable to the applicant's serious and wilful misconduct under s 14(2)." 'Whether the applicant suffered serious and permanent disablement.' 'Whether the applicant established ongoing incapacity or compensable impairment.']

Ratio Decidendi

The Court found that the applicant was not an honest or reliable witness and that video evidence showed he initiated and persisted in an assault on a passenger. Although any injury arose out of the employment because the provocation arose from the driver-passenger relationship, it did not arise in the course of employment. Any injury was solely attributable to the applicant's serious and wilful misconduct, and the applicant failed to prove serious and permanent disablement or ongoing incapacity. Compensation was therefore not payable.

Court Disposition

Award for the respondent.

Orders

  • ['Award for the respondent.']