Ballina Shire Council v Knapp [2019] NSWCA 146 (20 June 2019) (Basten JA at [1]; Macfarlan JA at [6]; Payne JA at [7]) - 13wentworthselbornechambers
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Ballina Shire Council v Knapp [2019] NSWCA 146 (20 June 2019) (Basten JA at [1]; Macfarlan JA at [6]; Payne JA at [7])


Catchwords:


WORKERS COMPENSATION – appeal against decision of Workers Compensation Commission –validity of Deputy President of WCC’s re-determination of the Arbitrator’s decision – s 352(5) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) and Chubb Security Australia Pty Ltd v Trevarrow [2004] NSWCA 344; 5 DDCR 1 considered

WORKERS COMPENSATION – appeal against decision of Workers Compensation Commission – only question raised before the Deputy President of WCC was whether the respondent was entitled to compensation arising from a journey claim within the meaning of s 10 of the Workers Compensation Act – ground conceded by the appellant

WORKERS COMPENSATION – cross-appeal – whether Deputy President of WCC erred in point of law – whether evidence the respondent was speeding – whether there was evidence the respondent was holding his mobile telephone – “no evidence” ground does not apply – Onesteel Reinforcing Pty Ltd v Sutton [2012] NSWCA 282 discussed