Murray v Woolworths Group Limited [2020] NSWSC 1033

Supreme Court New South Wales

Medium Neutral Citation: Murray v Woolworths Group Limited [2020] NSWSC 1033 Hearing dates: 9 September 2019; with supplementary submissions received 1 November 2019 Date of orders: 20 August 2020 Decision date: 20 August 2020 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under r 59.10 Uniform Civil Procedure Rules 2005 (NSW) extend the time for bringing these proceedings to 3 May 2019; (2) Grant leave to the plaintiff to discontinue the proceedings against the second defendant; (3) Substitute the Registrar of the Workers Compensation Commission as second defendant instead of the proper officer of the Workers Compensation Commission; (4) Dismiss the proceedings; (5) Order the plaintiff to pay the first defendant's costs; (6) Direct that the Third Amended Summons filed in Chambers on 20 September 2019, and a copy of these reasons be served upon the third defendant within 14 days of the date hereof; (7) Allow the third defendant a further period of 14 days to file a Notice of Appearance, if so advised. Catchwords: ADMINISTRATIVE LAW – reviewability – justiciability – where decisions not amenable to certiorari CIVIL PROCEDURE – parties – wrong person made a party – application to substitute party – where addition of defendants sought Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 59.10 Workers Compensation Act 1987 (NSW) ss 32A, 38, 66, 65 Workers Compensation Commission Rules 2001 (NSW) rr 2.1, 8.1 Workplace Injury and Management and Workers Compensation Act 1998 (NSW) ss 294, 321, 322, 322A, 325, 326, 327, 327(4), 327(7), 328, 329, 331, 353, 368, 369, 371, 372, 375, 378 Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; [1992] HCA 10 Allianz Australia Insurance Ltd v Kerr (2012) 83 NSWLR 302, [2012] NSWCA 13 Ballas v Department of Education (State of NSW) [2020] NSWCA 86 Hot Holdings Pty Limited v Creasy (1996) 185 CLR 149; [1996] HCA 44 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 [2013] HCA 18 Wingfoot Australia Partners Pty Ltd v Kocak [2013] 252 CLR 480; [2013] HCA 43 Category: Principal judgment Parties: Peter Lance Murray (Plaintiff) Woolworths Limited (First Defendant) Registrar of the Workers Compensation Commission of New South Wales (Second Defendant) Representation: Counsel: C Hart (Plaintiff) L Morgan (Defendants)