Staging Connections Pty Ltd v Workcover Authority of NSW [2004] NSWSC 86

New South Wales Supreme Court

CITATION : Staging Connections Pty Ltd v Workcover Authority of NSW [2004] NSWSC 86 HEARING DATE(S) : 9 February 2004 JUDGMENT DATE : 9 February 2004 JURISDICTION: Common Law JUDGMENT OF : Adams J at 1 DECISION : Summons dismissed. Plaintiff to pay defendant's costs.

CATCHWORDS : Workers' compensation insurance - premium - classification of employer's business - relevant criteria - relevance of claims history - error of law LEGISLATION CITED : Insurance Premiums Order 2001-2002 Workers Compensation Act 1987 s168 CASES CITED : Collector of Customs v Pozzolanic (1993) 43 FCR 280 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 PARTIES : Staging Connections Pty Limited (Plaintiff) Workcover Authority of New South Wales (Defendant) FILE NUMBER(S) : SC 30056/03 COUNSEL : Mr J Smith (Plaintiff) Ms M Allars (Defendant) SOLICITORS : Somerville & Co (Plaintiff) I V Knight (Defendant)

Ex tempore - revised

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ADAMS J

MONDAY 9 FEBRUARY 2004

30056/03 - STAGING CONNECTIONS PTY LIMITED ACN 006 668 702 v WORKCOVER AUTHORITY OF NEW SOUTH WALES

JUDGMENT

1 HIS HONOUR: This is a matter in which I have been much assisted by submissions of counsel. It ultimately depends on an interpretation of the Insurance Premiums Order 2001-02 (the Order) made pursuant to s168 of the Workers Compensation Act 1987. I do not think that long reflection will improve the analysis which the case requires and, accordingly, although I think this judgment does less than justice to the careful and comprehensive submissions of counsel, I consider that it is sensible to determine the matter immediately. 2 The plaintiff runs what may fairly be described as an events management business, amongst other activities, for clients who wish to have an event conducted and leases or hires out a broad range of equipment for the purpose of the event. Whatever the precise revenue stream may be said to be derived from the rental element of the plaintiff's business, this comprises an undoubtedly substantial part. The plaintiff is obliged to pay workers' compensation insurance. The premium is determined by reference to the Order, which provides a complicated process of determining the applicable premium. The explanatory note of the Order states – "Section 168 of the Workers Compensation Act 1987 provides that the Governor may, by order made on the recommendation of the WorkCover Authority and published in the Gazette, fix the manner in which the premium payable by an employer (or a person who proposes to become an employer) for a policy of insurance under the Act is to be calculated. The object of this Order is to fix the manner in which such a premium is to be calculated in respect of policies of insurance that are to be or have been issued or renewed so as to take effect on or after 4 pm on 30 June 2001."