Lee v Fletcher International Exports Pty Ltd [2023] NSWDC 71

District Court New South Wales

Medium Neutral Citation: Lee v Fletcher International Exports Pty Ltd [2023] NSWDC 71 Hearing dates: 17 March 2023 Date of orders: 24 March 2023 Decision date: 24 March 2023 Jurisdiction: Civil Before: Andronos SC DCJ Decision: (1) Grant leave to commence proceedings in this Court pursuant to s 26(3) of the Personal Injuries Commission Act 2020 (NSW) insofar as is necessary to determine the current application. (2) Pursuant to s 26(5) of the Personal Injuries Commission Act 2020, remit the proceedings to the President of the Personal Injuries Commission to be determined by a Member of the Personal Injuries Commission and for the President to make such orders as he or she considers appropriate to facilitate the determination of the application. (3) Costs be costs in the cause of the proceedings in the Personal Injuries Commission. (4) The parties have liberty to apply by 31 March 2023 if any variation to the costs order herein is sought. Catchwords: WORKERS COMPENSATION — Compensation dispute determinations — Referral of dispute to Commission CONSTITUTIONAL LAW — The Judiciary — Federal jurisdiction — Diversity jurisdiction Legislation Cited: Commonwealth Constitution, s 75, s 76 Personal Injury Commission Act 2020 (NSW), s 26, s 26 Workers Compensation Act 1987 (NSW), Pt 7, s 3, s 4, s 9, s 155, s 194, s 202, s 202A s 210, s 212, s 213, s 214, s 215, s 215A, s 215B Workplace Injury Management and Workers Compensation Act 1998 (NSW), Ch 7, s 3, s 74A, s 105 Cases Cited: Attorney General for New South Wales v Gatsby (2018) 99 NSWLR 1; [2018] NSWCA 254 Burns v Corbett; Burns v Gaynor; Attorney General for NSW v Burns; Attorney General for NSW v Burns; NSW v Burns (2018) 265 CLR 304; [2018] HCA 15 Citta Hobart Pty Ltd v Cawthorn (2022) 96 ALJR 476; [2022] HCA 16 Crouch v Commissioner for Railways (Queensland) (1985) 159 CLR 22; [1985] HCA 69 Category: Principal judgment Parties: Eunsaem Lee (plaintiff) Fletcher International Exports Pty Ltd (defendant) Representation: Counsel: Mr J Beran (plaintiff) Mr C Jackson (defendant)