CSRP Apartments Pty Limited v Workcover Authority of NSW [2001] NSWCA 12

New South Wales Court of Appeal

CITATION : CSRP Apartments Pty Limited v Workcover Authority of NSW [2001] NSWCA 12 FILE NUMBER(S) : CA 40778/99 HEARING DATE(S) : 08/02/01 JUDGMENT DATE : 21 February 2001

PARTIES : CSRP Apartments Pty Limited v Workcover Authority of NSW JUDGMENT OF : Mason P at 1; Priestley JA at 2; Ipp AJA at 3

LOWER COURT JURISDICTION : Supreme Court LOWER COURT ALD 30011/99 FILE NUMBER(S) : LOWER COURT Dunford J JUDICIAL OFFICER :

COUNSEL : Appellant: B. Rayment QC/B DeBuse Respondent: J Griffiths SOLICITORS : Appellant: Heaney Richardson & Nemes Respondent: Blake Dawson Waldron CATCHWORDS : WORKERS COMPENSATION - insurance premiums under s 168 of Act - Insurance Premiums Order - determination of premium payable by insured - whether insurance history of "predecessor" should be taken into account when assessing premium payable - assessment of premium reviewed by Respondent - ADMINISTRATIVE LAW - judicial review of the determination made by Respondent's delegate resolved in favour of Respondent - appeal from that decision - FACTS - Appellant company (SJP(NSW)) was closely related to another company (SJP (Aust)) - both companies had same registered office, telephone number, similar shareholding and largely similar trading names operating in the same market - ASSESSMENT OF INSURANCE PREMIUM - issue on appeal as to whether one company was the predecessor of the other - "predecessor" was defined by Insurance Premiums Order as where an "employer has acquired the business of the person" - meaning of expressions "acquire" and "business", given broad ordinary meaning - acquisition capableof occurring in a gradual way. ND LEGISLATION CITED : Workers Compensation Act 1987 Allina Pty Limited v Commissioner of Taxation (1991) 28 FCR 203 Congreve v Inland Revenue CASES CITED: Commissioners (1947) 1 All ER 168 Hope v Bathurst City Council (1980) 144 CLR 1 Federal Commissioner of Taxation v Murry (1998) 193 CLR 605 DECISION : Appeal dismissed; Apellant to pay the Respondent's costs of the appeal.