Employers Mutual Limited v Heise [2022] NSWSC 465

Supreme Court New South Wales

Medium Neutral Citation: Employers Mutual Limited v Heise [2022] NSWSC 465 Hearing dates: 13 April 2022 Decision date: 19 April 2022 Jurisdiction: Common Law Before: Adamson J Decision: (1) Grant leave to the plaintiff to appeal against its conviction in respect of both grounds in the amended summons filed on 13 April 2022. (2) Allow the appeal. (3) Set aside the conviction. (4) Set aside the order made by the Local Court that the plaintiff (the defendant in the Local Court) pay the defendant's (the prosecutor's in the Local Court) costs of the proceedings. (5) Order the defendant to pay the plaintiff's costs of the proceedings in this Court, such costs to be paid within 28 days of agreement or assessment. (6) Grant liberty to the plaintiff to seek an order that the defendant pay its costs of the proceedings in the Local Court, such liberty to be exercised by notice in writing to my Associate within seven days, with a view to directions being made in chambers and the question being determined on the papers. Catchwords: CRIME — Appeal and review — Appeal from Local Court to Supreme Court — By person convicted or sentenced on a question of law alone — where appeal found to involve a mixed question of law and fact — whether to grant leave to appeal — where leave granted STATUTORY INTERPRETATION — where statute part of workers compensation scheme — where statute references guidelines — where related legislation and guidelines inform interpretation WORKERS COMPENSATION — Claim for compensation — offence of failing to determine a claim as and when required — where claims manager who is also an insurer was convicted of the offence — whether claims manager without legal obligation to determine claims was a 'person' for the purpose of the offence — where claims manager found not to be a 'person' for the purpose of the offence Legislation Cited: Crimes Act 1914 (Cth), s 29D Crimes (Appeal and Review) Act 2001 (NSW), ss 52, 53, 72 Criminal Procedure Act 1986 (NSW), s 213 NSW Self Insurance Corporation Act 2004 (NSW), s 8 Police Regulation Act 1958 (Vic), s 8AA Workers Compensation Act 1926 (NSW) Workers Compensation Act 1987 (NSW), ss 2A, 3, 9, 65, 66, 154A, 154B, 154G, 154I, 154M, 155, 211B Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 4, 74, 250, 254, 260, 264, 281, 282, 283, 289 Cases Cited: Attorney General for NSW v X (2000) 49 NSWLR 653; [2000] NSWCA 199 Director of Public Prosecutions (Cth) v Poniatowska (2011) 244 CLR 408; [2011] HCA 43 Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Ltd (2006) 67 NSWLR 402; [2006] NSWSC 343 Employers Mutual Limited v Heise [2018] NSWSC 1842 Fletcher International Exports Pty Limited v Barrow [2007] NSWCA 244 Mine Subsidence Board v Wambo Coal Pty Ltd (2007) 154 LGERA 60; [2007] NSWCA 137 O'Connell v Nixon (2007) 16 VR 440; [2007] VSCA 131 Plaintiff M70/2011 v Minister for Immigration and Citizenship; Plaintiff M106/2011 v Minister for Immigration and Citizenship (Malaysian Declaration Case) (2011) 244 CLR 144; [2011] HCA 32 R v Iannelli (2003) 56 NSWLR 247; [2003] NSWCCA 1 R v PL [2009] NSWCCA 256; (2009) 199 A Crim R 199 Tan v National Australia Bank Ltd [2008] NSWCA 198 Williams v The Queen (1986) 161 CLR 278 at 287; [1986] HCA 88 Texts Cited: Guidelines for Claiming Workers Compensation Category: Principal judgment Parties: Employers Mutual Limited (Plaintiff) Julie Heise (Defendant) Representation: Counsel: N Chen SC / T Smartt (Plaintiff) J Morris SC / M Weightman (Defendant)