STAGING CONNECTIONS P/L v. WORKCOVER AUTHORITY OF NEW SOUTH WALES [2004] NSWCA 357

New South Wales Court of Appeal

CITATION : STAGING CONNECTIONS P/L v. WORKCOVER AUTHORITY OF NEW SOUTH WALES [2004] NSWCA 357 HEARING DATE(S) : 14/9/04 JUDGMENT DATE : 1 October 2004

JUDGMENT OF : Spigelman CJ at 1; Beazley JA at 2; Bryson JA at 3 DECISION : 1. Appeal allowed with costs; 2. Orders of Adam J of 9 February 2004 set aside; 3. Declaration 1 as claimed in the Summons dated 16 June 2003; 4. Order 2 as claimed in the Summons; 5. Order that the Respondent Defendant pay the costs of the Appellant Plaintiff of the proceedings in the Common Law Division.

CATCHWORDS : WORKERS COMPENSATION - insurance - regulation of premiums - interpretation of Insurance Premiums Order and determination by WorkCover under s.170 - after redefinition of classifications and adoption of ANZIC Code from 30 June 2001 Staging Connections' insurer classified SC (formerly Broadcasting & Television) as Services to the Arts, resulting in increased premiums SC sought WorkCover determination - after extended consideration WorkCover determined Office Equipment Hiring and Leasing without Operators - SC sought judicial review of WorkCovers' application of clause 2(4) of Schedule 1 Interpretation of the Order - WorkCovers' determination was set aside because WorkCover proceeded serially by eliminating some possibly relevant classifications and proceeding to consider others - global consideration of all possibly relevant classifications is required - returned to WorkCover for further consideration. LEGISLATION CITED : Workers Compensation Act 1987 CASES CITED : Minister for Local Government v. South Sydney City Council (2002) 55 NSWLR 381 Minister for Immigration and Ethnic Affairs v. Wu Shan Liang (1996) 185 CLR 259 PARTIES : Staging Connections Pty Ltd - Appellant WorkCover Authority of New South Wales - Respondent FILE NUMBER(S) : CA 40384/2004 COUNSEL : G Lindsay SC (Appellant) M Allars (Respondent) SOLICITORS : Somerville & Co (Appellant) I V Knight (Respondent)