State Insurance Regulatory Authority v Abdul-Rahman [2016] NSWCA 210

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State Insurance Regulatory Authority v Abdul-Rahman [2016] NSWCA 210 Hearing dates: 10 May 2016 Decision date: 15 August 2016 Before: Basten JA at [1]; Meagher JA [92]; Gleeson JA [93] Decision: (1) Grant the Authority leave to appeal. (2) Allow the appeal and set aside the orders made in the Common Law Division on 16 October 2015 and 17 December 2015. (3) In place thereof, dismiss the employer's appeal to the Common Law Division. (4) Remit the claim to the Local Court for determination of any outstanding issues in dispute, including the costs in that Court. (5) Order that the employer pay the costs of the Authority in the Division. (6) Order that the respondent employer pay 50% of the Authority's costs in this Court, other than the costs of the additional issue. (7) Grant the employer, as the respondent to the appeal in this Court, a certificate under the Suitors' Fund Act 1951 (NSW). Catchwords: LIMITATION OF ACTIONS – limitation period – recovery of statutory debt – whether debt constituted a penalty – whether accrual of cause of action dependent on Authority's state of knowledge as to employer's liability and amount due – Limitation Act 1969 (NSW), ss 14, 18

WORKERS' COMPENSATION – workers' compensation insurance – failure of employer to obtain insurance – statutory entitlement of WorkCover Authority to recover debt from employer – whether penalty – whether statute-barred Legislation Cited: Criminal Procedure Act 1986 (NSW), s 179; Ch 4 Fines and Penalties Act 1901 (NSW), ss 4, 5, 122 Fines Act 1996 (NSW), ss 122, 129; Sch 1 Income Tax Assessment Act 1936 (Cth), ss 207, 209 Limitation Act 1969 (NSW), ss 10, 14, 18 Local Court Act 2007 (NSW), s 40 Supreme Court Act 1970 (NSW), s 101 Workcover Legislation Amendment Act 1995 (NSW), Sch 1 [92] Workers Compensation Act 1987 (NSW), ss 56, 140, 154D, 154E,155, 156, 159, 161, 163, 163A, 163B, 164, 168, 169, 172, 173, 173A, 174, 174A, 175, 183A, 224, 224C, 227, 228, 279; Pt 4, Div 6; Pt 7, Divs 1, 1A, 2, 7; Workers Compensation Amendment Act 2008 (NSW), s 2; Sch 1 [3]-[7] Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 34, 35, 39, 247 Cases Cited: Andrews v Australia & New Zealand Banking Group Ltd (2012) 247 CLR 205; [2012] HCA 30 Deputy Commissioner of Taxation v DTR Securities Pty Ltd (1985) 1 NSWLR 653 Deputy Commissioner of Taxation v Moorebank Pty Ltd (1988) 165 CLR 55 Deputy Commissioner of Taxation v Mutton (1988) 12 NSWLR 104 Downey v Acting District Court Judge Boulton (No 5) (2010) 78 NSWLR 499; [2010] NSWCA 240 DTR Securities Pty Ltd v Deputy Commissioner of Taxation (Cth) (1987) 8 NSWLR 204 Federal Commissioner of Taxation v Trautwein (1936) 56 CLR 211 Harbutt's Plasticine Ltd v Wayne Tank & Pump Co Ltd [1970] 1 QB 447 Re Dymond (1959) 101 CLR 11 Rich v Australian Securities and Investments Commission (2004) 220 CLR 129; [2004] HCA 42 Richardson v Federal Commissioner of Taxation (1932) 48 CLR 192 Screenco Pty Limited v R L Dew Pty Limited (2003) 58 NSWLR 720; [2003] NSWCA 319 Trade Practices Commission v Abbco Ice Works Pty Ltd (1994) 52 FCR 96 Texts Cited: Report of the Law Reform Commission being the First Report on the Limitation of Actions (LRC 3), October 1967 Category: Principal judgment Parties: State Insurance Regulatory Authority (formerly WorkCover Authority of NSW) (Applicant) Mohyeddine Abdul-Rahman (Respondent) Representation: Counsel: Ms M Allars SC (Applicant) Ms J D Beck (Respondent