Ausgrid (formerly Energy Australia Pty Ltd) v Butler

The proceeding before Bathurst CJ and Allsop P of the Court of Appeal of New South Wales concerned an application for leave to appeal by Ausgrid (formerly Energy Australia Pty Ltd) against a decision concerning workers compensation. The dispute involved the interaction of sections 79 and 289A of the *Workplace Injury Management and Workers Compensation Act 1998* (NSW) and the operation of transitional provisions within the *Workers Compensation Act 1987* (NSW).

The primary legal issues before the Court of Appeal were whether the Workers Compensation Commission had erred in its determination, and whether there had been any procedural unfairness in the proceedings before that Commission. The Court was also required to assess the prospects of success for the proposed appeal.

Their Honours refused leave to appeal, finding that the applicant had poor prospects of success. The Court was not satisfied that there was any error in the decision of the Workers Compensation Commission or any procedural unfairness. Consequently, the application for leave to appeal was dismissed, and the applicant was ordered to pay the respondent's costs on an indemnity basis.