Robs Extreme Construction Pty Ltd v Workers Compensation Nominal Insurer (icare)

Robs Extreme Construction Pty Ltd brought an application against the Workers Compensation Nominal Insurer (icare) in the Industrial Division of the NSW Supreme Court. The applicant sought a declaration that it was not liable to pay a penalty under the Workers Compensation Act 1987 for the failure to provide a workers compensation policy. The applicant also sought an order that icare was liable to pay its costs of the proceeding on an indemnity basis. The dispute arose out of the applicant’s failure to take out a workers compensation policy. The applicant claimed that it did not owe workers compensation premiums as it did not have employees, but rather sub-contractors. Icare disagreed and brought proceedings against the applicant. The applicant then brought this application.

The court had to determine the onus of proof in the application and whether there was an appealable error. The court also had to determine whether there was deliberately false evidence, and if so, how this affected the weight of the evidence. The court had to consider whether the applicant was an employer and therefore liable for workers compensation premiums.

The court found that the onus of proof was on the applicant to show that it was not liable for workers compensation premiums. The court found that there was no appealable error, and that the weight of the evidence did not change as a result of the deliberately false evidence. The court found that the applicant was an employer and therefore liable for workers compensation premiums. The application was dismissed with costs.

The court dismissed the application and ordered that Robs Extreme Construction Pty Ltd pay icare’s costs of the proceeding.