Taylor v Centennial Newswtan Pty Ltd [2008] NSWDC 92

Pending Appeal :

New South Wales District Court

CITATION: Taylor v Centennial Newswtan Pty Ltd [2008] NSWDC 92

HEARING DATE(S): 8 May 2008

JUDGMENT DATE: 13 May 2008

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

1. The proceedings are dismissed. DECISION: 2. The plaintiff is to pay the defendant's costs of the proceedings and those involved in the motion. 3. The exhibits may be returned.

CATCHWORDS: WORKERS COMPENSATION - election to pursue permanent loss compensation - whether the District Court has residual jurisdiction under s 151A(3)(b) of Workers Compensation Act 1987 - statute not amended following legislative reforms

Civil Procedure Act 2005 Compensation Court Repeal Act 2002 LEGISLATION CITED: District Court Act 1973 Workers Compensation Act 1984 Workers Compensation Act 1987

Berowra Holdings Pty Ltd v Gordon (2006) 225 CLR 364 CASES CITED: Deveigne & Anor v Askar (2007) 239 ALR 370 KBRV Resort Operations Pty Ltd v Chilcott (2001) 51 NSWLR 516 Re Pritchard (deceased) [1963] CH 502

PARTIES: Roy Taylor ( Plaintiff) Centennial Newstan Pty Ltd (Defendant)

FILE NUMBER(S): Newcastle 122/07

B D Dooley SC - P M O'Rourke ( Plaintiff) COUNSEL: P J Menary (Defendant)

Whitelaw McDonald (Plaintiff) SOLICITORS: Lander & Rogers (Defendant)

JUDGMENT

1 On 14 March 2007 the plaintiff filed a statement of claim in the District Court Coal Miners' Workers Compensation List.

2 The proceedings sought compensation, including permanent loss compensation, pursuant to the provisions of the Workers' Compensation Act 1987. Those proceedings were commenced against Elcom Collieries as the first defendant and Centennial Mining as the second defendant. Those proceedings were discontinued on 15 June 2007.