NSW Caselaw
Industrial Court of New South Wales
CITATION: Mukherjee v WorkCover Authority of New South Wales (No 2) [2008] NSWIRComm 86
GOPAL MUKHERJEE Appellant PARTIES: WORKCOVER AUTHORITY OF NEW SOUTH WALES Respondent
FILE NUMBER(S): IRC I437 of 2007
CORAM: Boland J President; Schmidt J; Backman J
CATCHWORDS: Costs - application for leave to withdraw consent to costs order of the appeal - order made by consent before hearing adjourned - whether Court functus officio - slip rule - relief sought not available under slip rule - leave to withdraw consent refused - costs of the proceedings at first instance - requirements of section 70 (1) of the Crimes (Appeal and Review) Act 2001 in relation to conduct of proceedings at first instance - respondent's conduct of proceedings at first instance considered - costs of part of proceedings below made in favour of the appellant
Crimes (Appeal and Review) Act 2001 - s 70(1) Criminal Procedure Act 1984 - s 214 LEGISLATION CITED: Evidence Act 1995 - s 65 Industrial Relations Act 1996 - s 181 Industrial Relations Rules - rr 38 and 151 Workplace Injury Management and Workers Compensation Act 1998
Hilton Nursing Home Pty Ltd v Maciver (2000) 102 IR 335 CASES CITED: Hollingsworth v Industrial Court of New South Wales [2007] NSWCA 209 Ove Arup Pty Ltd v WorkCover Authority (2005) 141 IR 78 Mukherjee v WorkCover Authority of New South Wales [2008] NSWIRComm 53
DATE OF JUDGMENT: 9 May 2008
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