Working Lunch Company Pty Ltd v Workers Compensation Nominal Insurer (iCare)

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Working Lunch Company Pty Ltd v Workers Compensation Nominal Insurer (iCare) & Anor [2024] NSWPIC 405
APPLICANT:	Working Lunch Company Pty Ltd
FIRST RESPONDENT:	Workers Compensation Nominal Insurer (iCare)
SECOND RESPONDENT:	Tullia Narsamma
MEMBER:	Fiona Seaton
DATE OF DECISION:	29 July 2024
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; application to set aside section 145 notice issued by first respondent or alternatively for an order that the amount sought from the applicant was not recoverable; applicant placed under external administration after proceedings commenced; Held – proceedings dismissed pursuant to section 54 of the Personal Injury Commission Act 2020.
DETERMINATIONS MADE:	The Commission determines: 1. The matter is unable to proceed as the applicant company has been placed under External Administration. The Commission orders; 1. The application seeking to set aside the notice issued by the first respondent under s 145 of the Workers Compensation Act 1987 is dismissed pursuant to s 54 of the Personal Injury Commission Act 2020.

STATEMENT OF REASONS

Working Lunch Company Pty Ltd (the applicant) lodged a Miscellaneous Application with the Personal Injury Commission (the Commission) on 8 February 2024 seeking an order that the notice issued by the Workers Compensation Nominal Insurer (iCare) (the first respondent) under s 145 of the Workers Compensation Act 1987 be set aside or alternatively that the amount sought by the first respondent is not recoverable.
At the preliminary conference held in the Commission on 7 March 2024 Tullia Narsamma the second respondent was joined to the proceedings. Mr Tedesco who filed the Miscellaneous Application on behalf of the applicant company did not have legal representation at that preliminary conference.
Following the second preliminary conference held on 7 May 2024 directions were issued including that the matter was set down for conciliation conference and arbitration hearing on 24 June 2024. Mr Tedesco for the applicant discussed and was encouraged by the Commission to obtain legal representation.
The applicant did not appear at the conciliation conference and arbitration hearing on 24 June 2024. Directions made that day included that the applicant was advised that a failure to appear at the further preliminary conference listed for 3 July 2024 may result in the proceedings being dismissed for want of due despatch without further notice.
At the preliminary conference held on 3 July 2024, at which Mr Tedesco appeared for the applicant, the matter was listed for conciliation conference and arbitration hearing on 26 July 2024.
At the conciliation conference and arbitration hearing held on 26 July 2024 Mr Tedesco advised the Commission that the applicant company had been placed into External Administration on 23 July 2024.
In the circumstances the proceedings are dismissed pursuant to paragraph (b) of s 54 of the Personal Injury Commission Act 2020 as the Commission is satisfied the proceedings are frivolous, vexatious or otherwise misconceived or lacking in substance.

CaseChat Overview and Summary

Working Lunch Company Pty Ltd brought an application against the Workers Compensation Nominal Insurer (iCare) in the Personal Injury Commission of New South Wales. The applicant sought to set aside a section 145 notice issued by iCare, or alternatively, an order that the amount sought from the applicant was not recoverable under the Workers Compensation Act 1987. The dispute arose from a claim for compensation following the applicant's placement under external administration after the proceedings had commenced.

The legal issues before the court included whether the application could proceed given the applicant's status under external administration and whether the section 145 notice was validly issued. Additionally, the court had to determine the extent of iCare's liability under the Workers Compensation Act 1987 in light of the applicant's financial status. The court also needed to consider the implications of section 54 of the Personal Injury Commission Act 2020 on the proceedings.

The court found that the applicant's status under external administration precluded the continuation of the proceedings. Under section 54 of the Personal Injury Commission Act 2020, the court was mandated to dismiss the application. The court reasoned that the applicant's financial administration and the procedural status of the case warranted the dismissal of the application to set aside the section 145 notice and the alternative order. Consequently, the court dismissed the application in its entirety.

As a result of the court's decision, the application was dismissed, and no further orders were made regarding the section 145 notice or the recoverable amount. The court's dismissal was based on the statutory provisions of the Personal Injury Commission Act 2020, which effectively precluded the continuation of the proceedings under the given circumstances.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established