Litigation Lending Management Pty Limited v Powell

In the case of Litigation Lending Management Pty Limited v Powell, the dispute arose from an application by the respondent, Powell, for workers' compensation under section 40 of the Workers Compensation Act 1987. Powell sought compensation for probable earnings had he not been injured. Litigation Lending Management Pty Limited, the appellant, opposed the claim on the grounds that Powell had not fully disclosed his ability to earn. The matter was heard by the Supreme Court of New South Wales.

The legal issues before the court centred on the interpretation of section 40 of the Workers Compensation Act 1987, specifically the criteria for determining probable earnings and whether Powell had demonstrated his ability to earn such income. The court had to assess whether Powell's testimony and evidence provided were sufficient to substantiate his claim for probable earnings but for his injury.

The court examined the evidence and concluded that Powell had not sufficiently demonstrated his ability to earn the probable income claimed. The court found that there was a lack of credible evidence to support the claim for the specified weekly rate. Consequently, the court revoked the Arbitrator's determination and substituted it with an order awarding compensation at a reduced rate. Additionally, the court confirmed the remaining paragraph of the Arbitrator's decision and ordered the appellant to pay the respondent's costs of the appeal.