Akora Holdings Pty Ltd v Ljubicic

Akora Holdings Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of the Workers Compensation Commission. The dispute concerned the calculation of income derived from a cleaning business, which formed part of a worker's earnings for the purposes of a workers' compensation award. The appeal raised questions about the scope of an appeal from an arbitrator to a Presidential member of the Commission and the procedural powers available to both.

The primary legal issues before the Court of Appeal were whether the Presidential member of the Workers Compensation Commission had erred in law in their review of the arbitrator's findings and inferences, and whether leave to appeal was required. Specifically, the court considered the interpretation of section 353 of the *Workplace Injury Management and Workers Compensation Act 1998* (NSW), which governs appeals to the Commission, and the extent to which a Presidential member must identify legal error when reviewing an arbitrator's decision. The court also examined the powers of an arbitrator and a Presidential member in relation to findings of fact and the drawing of inferences.

The Court of Appeal reasoned that the appeal to the Presidential member involved a review of the arbitrator's decision, and that the Presidential member had the power to review findings of fact and inferences drawn by the arbitrator. The court determined that the complaint about the manner in which the Presidential member dealt with inferences and findings of fact constituted an appeal "in point of law" for the purposes of section 353. Consequently, the court found that leave to appeal was required.

The Court of Appeal ordered that the time for Akora Holdings Pty Ltd to seek leave to appeal be extended to 15 September 2008, and granted Akora Holdings Pty Ltd leave to appeal from the decision of the Workers Compensation Commission made on 19 July 2007.