Bronze Wing International Pty Ltd v SafeWork NSW

Bronze Wing International Pty Ltd and others appealed to the Court of Appeal of the Supreme Court of New South Wales against decisions of the Appeal Panel of the NSW Civil and Administrative Tribunal (NCAT). The dispute concerned the cancellation of licences and security clearances held by the appellants under the *Explosives Act 2003* (NSW), following findings by NCAT that the appellants were not fit and proper persons to hold such licences and clearances.

The Court of Appeal was required to determine several legal issues, including the nature and extent of an appeal on a question of law to the Supreme Court from NCAT's Appeal Panel, whether an error in the Appeal Panel's decision needed to be demonstrated for the appeal to succeed, whether there had been a denial of procedural fairness, and how the *Briginshaw* standard of proof applied to NCAT's findings regarding the fitness and propriety of the licensees. The Court also considered the construction of section 6 of the *Explosives Act 2003* and the relevance of the conduct of the proceedings and the evidence of the licensees to the determination of their fitness and propriety.

In its reasoning, the Court of Appeal affirmed that an appeal to the Supreme Court on a question of law from NCAT's Appeal Panel is limited to identifying an error of law in the Appeal Panel's decision. The Court found no error of law in the Appeal Panel's determination, including its findings on procedural fairness and the application of the *Briginshaw* standard. The Court held that the Appeal Panel had correctly interpreted and applied section 6 of the *Explosives Act 2003*, and that its findings regarding the appellants' fitness and propriety were open to it on the evidence.

Consequently, the Court of Appeal granted leave to appeal but dismissed the appeal. The appellants were ordered to pay the costs of the appeal, and the existing stay on the cancellation of the licences and security clearances was continued for a limited period before expiring.