Booth v Fourmeninapub Pty Ltd [2020] NSWCA 57 (02 April 2020) (Bell P at [1]; Leeming JA at [2]; White JA at [62].)


Catchwords:


APPEAL – further evidence – special grounds – whether further evidence relevant to appeal confined to question of law – whether further evidence not obtainable with reasonable diligence – Supreme Court Act 1970 (NSW), s 75A(8)

WORKERS COMPENSATION – appeal from Workers Compensation Commission constituted by President – appeal confined to question of law – whether President erred in disregarding evidence of psychiatrist – distinction between identifying meaning of expert report and evaluating evidence – whether predisposition to bipolar disorder itself a disease which could be aggravated, accelerated, exacerbated or deteriorated during employment – definition of injury in (former) s 4(b)(ii) of Workers Compensation Act 1987 (NSW), considered