E B Murray Family Investments Pty Ltd t/as Bede Murray Racing Stables v Howard

[2025] NSWCA 169

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers Compensation
2. › Appeal to Deputy President under s 352
3. › Standard of review on appeal alleging error of fact
4. › Whether 'open' test or Warren v Coombes / Fox v Percy approach applies
5. › Whether application of erroneous standard constituted material error of law
6. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 352, 353
1. Appeal
2. › Appeal on point of law
3. › Error of law in applying incorrect standard of appellate review
4. › Materiality of error
5. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 353(1)

Quick Take

Decisions of Presidential members under s 352 of the 1998 Act that applied the 'open' test rather than the Warren v Coombes / Fox v Percy approach are liable to be set aside on appeal as involving an error of law, provided the error is shown to be material.