Sydney Ports Corporation v Collins

Sydney Ports Corporation (the appellant) appealed a decision of the Workers Compensation Commission which had found that it had made a "deemed admission of liability" under section 151C of the *Workers Compensation Act 1987* (NSW) in favour of Mr. Collins (the respondent). The dispute concerned whether the appellant's conduct constituted a denial of liability or a partial admission of liability, thereby preventing the operation of section 151C.

The Court of Appeal was required to determine the nature of the exceptions to section 151C, specifically whether silence or equivocation could amount to a denial of liability, and whether the objective assessment of a representation was the correct approach to determining if it constituted a denial of liability. Furthermore, the court had to consider whether a partial admission of liability under section 151C(2)(b) encompassed situations where the apportionment of liability was contested, and whether the payment of statutory workers' compensation payments constituted a partial admission of liability.

The Court of Appeal held that neither silence nor equivocation constituted a true denial of liability under section 151C(2)(a). It further determined that the question of whether a representation constitutes a denial of liability is to be objectively determined. Regarding section 151C(2)(b), the court clarified that a partial admission of liability refers to an acceptance of liability where the apportionment of liability between the employer and employee is contested, and that the payment of statutory workers' compensation does not, in itself, constitute a partial admission of liability.

The appeal was allowed, and the decision of the Workers Compensation Commission was set aside.