AKORA HOLDINGS PTY LTD v LJUBICIC [2008] NSWCA 339

New South Wales Court of Appeal

CITATION: AKORA HOLDINGS PTY LTD v LJUBICIC [2008] NSWCA 339

HEARING DATE(S): 16 September 2008

JUDGMENT DATE: 5 December 2008

JUDGMENT OF: Hodgson JA at 1; Basten JA at 2; Campbell JA at 23

(1) Extend the time for Akora Holdings Pty Ltd to seek leave to appeal to 15 September 2008.

(2) Grant Akora Holdings Pty Ltd leave to appeal from the decision of the Workers Compensation Commission constituted by Deputy President Handley, given on 19 July 2007.

DECISION: (3) Direct that the notice of appeal filed on 15 November 2007 be treated as validly filed and served and that steps taken with respect thereto be treated as sufficient compliance with the rules.

(4) Dismiss the appeal.

(5) Order that the appellant pay the respondent's costs of the proceedings in this Court.

CATCHWORDS: APPEALS – interlocutory appeal – leave requirement – appeal "in point of law" – complaint about manner in which Presidential member of Workers Compensation Commission dealt with inferences drawn and facts found by arbitrator – Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 353 - WORKERS' COMPENSATION – application to vary award – calculation of income from cleaning business which constituted worker's earnings – whether legal error in approach adopted by arbitrator – further steps identified to allow for relevant calculation - WORKERS' COMPENSATION – scope of appeal from arbitrator to Presidential member of Workers Compensation Commission – procedural powers available to arbitrator and Presidential member – whether requirement that Presidential member identify error – power of Presidential member to review findings made and inferences drawn by arbitrator – Workplace Injury Management and Workers Compensation Act 1998 (NSW) – ss 352, 354