The Court of Appeal held, by majority (Phillips and Charles JJA, Winneke ACJ dissenting on classification but agreeing on the retrospectivity issue), that the correct industry classification for the employer was G5112K (Long Distance Intrastate Road Freight Transport) rather than F4741J (Petroleum Products Wholesaler), reversing the trial judge on that point. However, the Court unanimously held that neither s.26(4) of the WCIA nor clause 1 of Schedule 7 of the Premiums Orders conferred power on an authorised insurer or the VWA to retrospectively adjust premiums for past policy periods (93/94 and 94/95) that had already been demanded and paid; s.26(4) authorised adjustment only 'in accordance with the premiums order', not adjustment in order to bring premium into accordance with the premiums order. The appeal was allowed only in respect of the 95/96 policy period, where the reclassification was notified before any premium had been demanded or paid for that year.
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