L & B Linings Pty Ltd v WorkCover Authority of New South Wales [2012] NSWCA 15

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: L & B Linings Pty Ltd v WorkCover Authority of New South Wales [2012] NSWCA 15 Hearing dates: 13 February 2012 Decision date: 20 February 2012 Before: McColl JA at 1; Basten JA at 2; Whealy JA at 69 Decision: (1) Appeal dismissed. (2) Appellant to pay the respondent's costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - judicial review - jurisdictional error - no evidence - comparison between material available to decision-maker and conclusion reached - material which decision-maker may take into account - whether decision-maker may seek support for an inference from the absence of material supportive of a contrary view - whether available when evaluative judgment is to be formed on the basis of conflicting indicators

ADMINISTRATIVE LAW - jurisdictional error - imposition of onus on applicant - Workers Compensation Act 1987 (NSW) - whether the Act imposes a legal onus on the applicant or the WorkCover Authority

ADMINISTRATIVE LAW - judicial review - procedural fairness - obligation to disclose information on which decision-maker intends to rely which might support an inference adverse to the interests of the applicant - Workers Compensation Act 1987 (NSW) - whether WorkCover Authority is required to disclose such information