Ballina Shire Council v Knapp

Ballina Shire Council (the appellant) appealed to the Court of Appeal of New South Wales against a decision of the Workers Compensation Commission (WCC). The dispute concerned the validity of a re-determination made by a Deputy President of the WCC concerning an Arbitrator's decision. The primary question before the Deputy President, and subsequently before the Court of Appeal, was whether the respondent was entitled to compensation arising from a journey claim under section 10 of the *Workers Compensation Act*. This specific ground was conceded by the appellant before the Deputy President.

The legal issues before the Court of Appeal were whether the Deputy President erred in point of law in their re-determination. Specifically, the appellant argued that there was no evidence that the respondent was not speeding and no evidence that the respondent was not holding his mobile telephone. These arguments were framed as "no evidence" grounds.

The Court of Appeal considered the application of section 352(5) of the *Workplace Injury Management and Workers Compensation Act 1998* (NSW) and the principles established in *Chubb Security Australia Pty Ltd v Trevarrow*. The Court found that the "no evidence" ground, as argued by the appellant, did not apply in this instance. The Court referenced *Onesteel Reinforcing Pty Ltd v Sutton* in its analysis. The Court determined that the Deputy President had not erred in law.

The appeal was dismissed. The Court of Appeal made an award, interim award, order, determination, ruling, and direction.