Recent Cases

Jamal v Workers Compensation Nominal Insurer [2023] NSWCA 4 (03 February 2023) (Macfarlan, White and Mitchelmore JJA)


Catchwords:


WORKERS COMPENSATION – uninsured corporate employer – culpable director – employer deregistered after service of notices under s 145(1) of the Workers Compensation Act 1987 (NSW) – uncontentious that employer contravened s 155(1) of the Workers Compensation Act by failing to obtain a workers compensation insurance policy for injuries occasioned to employees – appellant was sole director of employer at time of contravention – where respondent sought to recover payments granted to injured employer from appellant as a “culpable director” under s 145A(1) of the Workers Compensation Act – where primary judge found that appellant actually knew of circumstances amounting to contravention for the purposes of defeating reliance on s 145A(5)(a) of the Workers Compensation Act – where primary judge also found that appellant was in a position to influence employer’s conduct in relation to the contravention so as to defeat reliance on s 145A(5)(b) of the Workers Compensation Act – whether primary judge erred in finding that the appellant actually knew of the facts amounting to contravention – whether primary judge erred in finding that appellant was in a position to influence employer’s conduct in relation to the contravention – whether primary judge erred in quantifying amount recoverable from appellant – each ground of appeal dismissed, with costs

APPEALS – evidence – credibility findings – functions and obligations of an appellate court – basis and scope for appellate intervention upon trial judge’s findings of credit

WORDS AND PHRASES – “knowledge” in s 145A(5)(a) of the Workers Compensation Act