Chubb Security Australia P/L v Trevarrow [2004] NSWCA 344

Chubb Security Australia P/L v Trevarrow [2004] NSWCA 344

No error of law was shown in the Deputy President's application of s9A. The respondent's attendance at Chubb's premises to discuss work-related matters was a work activity incidental or ancillary to her employment, and it was open to find a sufficient causal relationship such that her employment was a substantial contributing factor to the injury. The remittal grounds failed because the later amendment to s352(7), with retrospective effect, validated the power to remit the matter to an Arbitrator.

Jurisdiction
Australia
Judgment Date
22 September 2004
Procedural Posture
Appeal Under S353 of the Workplace Injuries Management and Workers Compensation Act 1998 From a Decision of a Presidential Member of the Workers Compensation Commission of New South Wales / Court of Appeal Judgment on Appeal From Byron Dp, Who Had Heard an Appeal From an Arbitrator
Outcome
Appeal dismissed with costs.
Legal Topics
['substantial Contributing Factor Under S9 a of the Workers Compensation Act 1987' 'injury Arising Out of or in the Course of Employment' 'limited Appeal on a Point of Law Under S353' 'power to Remit Under S352' 'calculation of Weekly Compensation for Total and Partial Incapacity']
['workers Compensation' 'practice and Procedure'] ['substantial Contributing Factor Under S9 a of the Workers Compensation Act 1987' 'injury Arising Out of or in the Course of Employment' 'limited Appeal on a Point of Law Under S353' 'power to Remit Under S352' 'calculation of Weekly Compensation for Total and Partial Incapacity']

Case Brief

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Procedural Posture

Appeal Under S353 of the Workplace Injuries Management and Workers Compensation Act 1998 From a Decision of a Presidential Member of the Workers Compensation Commission of New South Wales / Court of Appeal Judgment on Appeal From Byron Dp, Who Had Heard an Appeal From an Arbitrator

Legal Issues

  1. 1 ["Whether the Deputy President erred in law in concluding that the respondent's employment was a substantial contributing factor to her injury within the meaning of s9A of the Workers Compensation Act 1987." 'Whether the Deputy President failed to apply s9A(3) of the Workers Compensation Act 1987 correctly or at all.' 'Whether the Deputy President had jurisdiction to remit the matter to an Arbitrator rather than determining the amount of weekly compensation himself.' "Whether the Arbitrator's failure to calculate weekly compensation according to statutory requirements meant there was no valid decision on that issue."]

Ratio Decidendi

No error of law was shown in the Deputy President's application of s9A. The respondent's attendance at Chubb's premises to discuss work-related matters was a work activity incidental or ancillary to her employment, and it was open to find a sufficient causal relationship such that her employment was a substantial contributing factor to the injury. The remittal grounds failed because the later amendment to s352(7), with retrospective effect, validated the power to remit the matter to an Arbitrator.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed.' "The appellant is to pay the respondent's costs of the appeal and the respondent's costs thrown away by the unnecessary leave application previously brought and abandoned." 'The parties are to have leave to file within 21 days further short minutes of order by consent as to the award to...