Tam v Worksafe Victoria [2023] NSWSC 173

Supreme Court New South Wales

Medium Neutral Citation: Tam v Worksafe Victoria [2023] NSWSC 173 Hearing dates: 10 February 2023 Date of orders: 2 March 2023 Decision date: 02 March 2023 Jurisdiction: Common Law Before: Fagan J Decision: 1 The summons is dismissed. 2 The plaintiff is to pay the second defendant's costs. Catchwords: ADMINISTRATIVE LAW – judicial review – decision made by Victorian WorkCover Authority – jurisdiction to undertake judicial review matter of Victorian official – Jurisdiction of Courts (Cross Vesting) Act 1987 (Cth) – decision under s 337(2) of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) – decision not to consent to commencement of proceedings for damages out of time – whether administrative law error in Authority not finding absence of fault or omission of worker or legal representative – summons dismissed Legislation Cited: Administrative Law Act 1978 (Vic) Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) Corporations Act 2001 (Cth) Jurisdiction of Courts (Cross Vesting) Act 1987 (Cth) Work Health and Safety Act 2011 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) Cases Cited: Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Category: Principal judgment Parties: Ching Tam (plaintiff) Worksafe Victoria (first defendant) Victorian Workcover Authority (second defendant) Representation: Counsel: RS Sheldon SC (plaintiff) PJ Hayes KC with G Jegatheesan (defendant)