Erceg v Galati Nominees Pty Ltd

[2016] WASCA 112

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Workers' Compensation
2. › Appeal from arbitrator
3. › Question of law requirement
4. › Whether findings of fact involved question of law
5. › Whether no evidence to support findings
6. › Workers' Compensation and Injury Management Act 1981 (WA), s 247
1. Appeal
2. › Standard of appellate review
3. › Appeal on question of law only
4. › Distinction between errors of law and errors of fact
5. › Whether wrong finding of fact constitutes error of law

Quick Take

The case confirms the settled position that an appeal from a workers' compensation arbitrator under s 247 of the Workers' Compensation and Injury Management Act 1981 (WA) must involve a question of law, and that challenges to findings of fact — including the credibility of witnesses and the authenticity of documents — do not raise questions of law unless there is no evidence to support the findings.