OCS Australia Pty Ltd v Cho

OCS Australia Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of the District Court of New South Wales. The dispute concerned OCS Australia's claim for indemnity against Mr. Cho under section 151Z of the *Workers Compensation Act 1987* (NSW).

The primary legal issue before the Court of Appeal was whether the appeal was competent, specifically concerning the "amount in issue" requirement for appeals to the Court of Appeal. OCS Australia argued that the appeal involved a civil right of the requisite value, while Mr. Cho contended that the appeal was not competent as the amount in issue did not meet the threshold.

The Court of Appeal reasoned that the employer's claim for indemnity under section 151Z of the *Workers Compensation Act* constituted a "property or civil right" for the purposes of the appeal competency provisions. It held that the "amount in issue" was not limited to the specific sum awarded by the primary judge but rather the notional pool of damages that would have been available to the injured worker. The Court found that this notional pool was of the requisite value, rendering the appeal competent.

Consequently, the Court of Appeal dismissed the appeal with costs.