MEDIDA PTY LTD v TOBIN [1995] NSWCA 289

MEDIDA PTY LTD v TOBIN [1995] NSWCA 289

The majority held that the trial judge was entitled to find that the respondent's act in stepping from the train was a momentary inadvertence, not constituting 'fault' within the meaning of s10(1A), and thus did not deprive her of compensation.

Parties
Appellant: Medida Pty Ltd; Respondent: Mrs Tobin
Jurisdiction
Australia
Judgment Date
20 December 1995
Procedural Posture
Workers Compensation Appeal / Appellate (new South Wales Court of Appeal)
Outcome
Appeal dismissed with costs
Legal Topics
Fault in S10 a, Contributory Negligence, Definition of Fault, Journey Claims
Workers Compensation Fault in S10 a Contributory Negligence Definition of Fault Journey Claims

Case Brief

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Parties

Medida Pty Ltd

Appellant

Mrs Tobin

Respondent

Procedural Posture

Workers Compensation Appeal / Appellate (new South Wales Court of Appeal)

Legal Issues

  1. 1 Whether the respondent's injury was caused wholly or partly by her own fault within the meaning of s10(1A) Workers Compensation Act 1987
  2. 2 Proper interpretation of 'fault' under s10(1A) and s10(6)

Ratio Decidendi

The majority held that the trial judge was entitled to find that the respondent's act in stepping from the train was a momentary inadvertence, not constituting 'fault' within the meaning of s10(1A), and thus did not deprive her of compensation.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs