L & B Linings Pty Ltd v WorkCover Authority of New South Wales

The appeal concerned a decision by the WorkCover Authority of New South Wales (WorkCover) to make a further premium determination for L & B Linings Pty Ltd under the Workers Compensation Act 1987 (NSW). L & B Linings sought judicial review of WorkCover's decision, alleging jurisdictional error. The case was heard by McColl, Basten, and Whealy JJA in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether WorkCover had committed jurisdictional error by making a decision without sufficient evidence, whether the Workers Compensation Act 1987 (NSW) imposed a legal onus on the applicant or WorkCover, and whether WorkCover had breached procedural fairness by failing to disclose information that might support an adverse inference against L & B Linings. The court also considered the nature and content of WorkCover's obligation to give reasons for its decisions, particularly in matters involving evaluative judgment.

The Court of Appeal reasoned that a decision-maker may draw support for an inference from the absence of material that would be expected to be present if a contrary view were correct, especially when forming an evaluative judgment based on conflicting indicators. The court found that the material available to WorkCover was sufficient to support its conclusion and that the Act did not impose a legal onus on WorkCover in the manner contended by the applicant. Furthermore, the court held that WorkCover was not obliged to disclose information that might lead to an adverse inference, as this would unduly fetter the decision-making process. The obligation to give reasons did not require the disclosure of every piece of information considered, but rather a sufficient explanation of the reasoning process.

The appeal was dismissed, and L & B Linings Pty Ltd was ordered to pay the respondent's costs of the appeal.