Ritson v State of New South Wales [2022] NSWDC 133

District Court New South Wales

Medium Neutral Citation: Ritson v State of New South Wales [2022] NSWDC 133 Hearing dates: 28 April 2022 Date of orders: 29 April 2022 Decision date: 29 April 2022 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Leave is granted to the plaintiff for the compensation matter application to be made to the District Court pursuant to s 26 of the Personal Injury Commission Act 2020 (NSW). (2) The costs of the Summons filed on 1 December 2021 seeking leave are reserved. Catchwords: CONSTITUTIONAL LAW – Commonwealth Constitution s 75 – whether federal "matter" before the Personal Injury Commission – resident of Queensland making application against the State of New South Wales – timing and location of dispute in question JURISDICTION – Personal Injury Commission – whether application would involve an exercise of federal jurisdiction – s 26(3) of the Personal Injury Commission Act 2020 (NSW) Legislation Cited: Commonwealth of Australia Constitution Act 1900 Personal Injury Commission Act 2020 (NSW) Personal Injury Commission Rules 2021 Cases Cited: Burns v Corbett [2018] HCA 15; (2018) 265 CLR 304 Dahms v Brandsch [1911] HCA 55; (1911) 13 CLR 336 Foxe v Brown [1984] HCA 69; 59 ALJR 186 Momcilovic v The Queen [2011] HCA 34; (2011) 245 CLR 1 Ritson v State of New South Wales [2021] NSWPIC 409 Watson v Marshall & Cade [1971] HCA 33; (1971) 124 CLR 621 Category: Principal judgment Parties: Brendan Ritson State of New South Wales Representation: Counsel: In Person (Plaintiff) T J Dixon and L Robison (Defendant)