THE WORKCOVER AUTHORITY OF NEW SOUTH WALES v ANGELUCCI and ORS [1997] NSWCA 350
NSW Caselaw
Full text
Select any passage to save a personal note with optional tags.
THE WORKCOVER AUTHORITY OF NEW SOUTH WALES v
ANGELUCCI and ORS
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
PRIESTLEY and SHELLER JJA
24 November 1997
[1997] NSWCA 350
Priestley JA The Court is of the view leave should not be granted on this
summons. The question involved is one of construction primarily of s175(4) and
8277 of the Workers Compensation Act. The contention of the claimant is that the
word "employer" in s175(4) should be read broadly in a way to be filled out by
considerations emanating from s277.
It is the Court's view that substantially for the reasons given by Finnane AJ the
word "employer" cannot be read in s175(4) to include a director by reason of
s277. The point appears to the Court to be of sufficient clarity, that is, the
construction adopted by Finnane AJ seems to the Court to be sufficiently clear as
to have justified him in striking out the statement of claim within the rules
commonly described by reference to the General Steel case.
The Court is, therefore, of the view that the summons should be dismissed with
cost.
Related laws
No related documents linked yet.
You've got 21 of 22 free Acts left this visit. Sign up anytime for Facts, Related, and study briefs too.