BALLANTYNE v WORKCOVER AUTHORITY OF NSW [2007] NSWCA 239

New South Wales Court of Appeal

CITATION: BALLANTYNE v WORKCOVER AUTHORITY OF NSW [2007] NSWCA 239

HEARING DATE(S): 24 July 2007

JUDGMENT DATE: 11 September 2007

JUDGMENT OF: Beazley JA at 1; Ipp JA at 15; Basten JA at 39

(1) Appeal allowed.

(2) Decisions of the Acting Deputy President of the Workers Compensation Commission of 24 May 2006 and 24 October 2006 be set aside.

(3) Appellants' application to review the decision of the Arbitrator of 15 March 2005 be remitted to the Workers Compensation Commission for determination. DECISION: (4) Respondent to pay the Appellants' costs of the rehearing before the Acting Deputy President.

(5) The costs of the initial hearing before the Acting Deputy President abide the outcome of the determination on remittal.

(6) Respondent to pay the Appellants' costs in this Court.

CATCHWORDS: WORKERS COMPENSATION – uninsured employer – relevant considerations to be taken into account by Workers Compensation Commission in making an order – Workers Compensation Act 1987 s 145

Accident Compensation Act 1985 (Vic), s 85 Anti-Discrimination Act 1977 (NSW), s 108 Interpretation Act 1987 (NSW), ss 5, 9 Sex Discrimination Act 1984 (Cth), s 81 Supreme Court Act 1970 (NSW), s 69 Statute Law (Miscellaneous Provisions) Act (No. 2) 1998 (NSW), Schedule 1 [1.47] LEGISLATION CITED: Workers' Compensation Act 1926, s 36 Workers Compensation Act 1987 (NSW), ss 9, 9AA, 60, 66, 67, 139, 140, 141, 143, 144, 145, 155, 156, Part 4, Div 6 Workers Compensation Act 1958 (Vic), s 5 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 22, 22B, 29, 58, 74, 350, 352, 353, 354, 362, Ch 5, Pt 9 Workers Compensation Legislation Amendment Act 1998 (NSW), Schedule 1 [63] Workers Compensation Legislation Amendment Act 1999 (NSW), Schedules 1 [1], 3 Workers Compensation Legislation Amendment Act 2001 (NSW), Schedules 6.1 [73], 4.2 [17]