Pickwell v Cotswold Australia Pty Limited

[2001] NSWCA 462

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers' Compensation
2. › Journey claims
3. › Commencement of journey from place of abode
4. › Whether worker crossed boundary of land on which place of abode situated
5. › Whether evidence supporting worker's contention could if fully accepted properly base finding of fact
6. › Workers Compensation Act 1987 (NSW), s 10(3)(a), s 10(4)
1. Appeal
2. › Appeal from Compensation Court
3. › Appeal on point of law
4. › No evidence ground
5. › Distinction between sufficiency of evidence where onus of proof borne by party in whose favour finding made and where finding made against party bearing onus
6. › Compensation Court Act 1984 (NSW), s 34A(1)

Quick Take

Evidence that a worker 'pulled up in the driveway' and confirmed having 'actually arrived home' is capable, if fully accepted, of supporting a finding that the worker crossed the boundary of the land on which the place of abode was situated for the purposes of s 10(4) of the Workers Compensation Act 1987 (NSW). The proper construction of s 10(4) — whether it requires the journey to commence at the boundary — was left open.