Haynes v Haynes [2002] NSWCC 28

Reported Decision : (2002) 23 NSWCCR 472

Compensation Court of New South Wales

CITATION : Haynes v Haynes [2002] NSWCC 28 Dayne F Haynes PARTIES : v Jacqulyn D Haynes MATTER NUMBER(S) : 52393 of 1999 JUDGMENT OF: Neilson J at 1 :- Alleged employer's application struck out under Pt 10 r 4. Application in reality is under s 17(4) of Compensation Court Act 1984. Application to restore to the list is made after 1 April 2002. Whether Court has jurisdiction to restore "employer's" application to list.

CATCHWORDS: Alleged worker had application pending before the Court on 31 March 2002 seeking weekly payments. That application recites an earlier award under s 66 in favour of "worker". Employment in issue in these proceedings. "Worker" maintains "employer" now estopped from denying employment.

HELD: Whether claimant was a "worker" or not was an issue in respect of an "existing claim" in respect of which a matter was pending in the Court prior to 1 April 2002. That issue was an "existing claim matter". "Employer's" application concerned the same "existing claim matter" and was within jurisdiction. Application to restore to the list granted. LEGISLATION CITED: Workers Compensation General Regulation reg 93 Workplace Injury Management and Workers Compensation Act 1998 ss 105(4), 250(1) CASES CITED: DATES OF HEARING: 06/05/02 EX TEMPORE JUDGMENT DATE : 05/06/2002

FOR APPLICANT: Mr M Best instructed by Bussoletti Lawyers appeared for the applicant. LEGAL REPRESENTATIVES: FOR RESPONDENT: Mr J Catsanos instructed by Nevill & Edwards appeared for the respondent.