Recent Cases

Secretary, Department of Education v Dawking [2024] NSWCA 4 (31 January 2024) (Gleeson, Mitchelmore and Kirk JJA)


Catchwords:


WORKERS COMPENSATION — Proceedings before Personal Injury Commission — Appeal against decision of presidential member in point of law — Where Deputy President confirmed determination of Member that employer liable to pay workers’ compensation to worker — Where worker suffered psychological injury — Where Member determined that employment was the main contributing factor to injury — Whether Deputy President erred in implicitly deciding there was evidence capable of supporting the Member’s factual finding — Whether Deputy President erred in implicitly deciding the Member did not misapply or misapprehend relevant legal principles on causation of injury — Whether Deputy President constructively failed to exercise jurisdiction by failing to respond to a substantial and clearly articulated argument