Where an appeal to a judge of the Compensation Court is on point of law only, and the judge correctly identifies errors of law in the Commissioner's decision, the judge must remit the matter for further hearing rather than make his own findings of fact unless the result is the only one possible on the facts. A Commissioner's finding that a contractor's recycling activities were not part of the principal's business for the purposes of s 20 of the Workers Compensation Act 1987 constitutes an error of law where the primary facts require the opposite conclusion.
The full text is available to signed-in members, including the 1 later case that cites this judgment.