NSW Caselaw
New South Wales Supreme Court
Wikaira v Registrar of the Workers Compensation Commission of NSW & Anor [2005] NSWSC 954 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 21 September 2005
JUDGMENT DATE : 27 September 2005
Common Law Division JURISDICTION : Administrative Law List
JUDGMENT OF : Associate Justice Malpass at 1
DECISION : The decision made by the Registrar on 27 June 2005 is set aside; the matter is remitted back to the Registrar for determination according to law; the second defendant is to pay the costs of the summons; the exhibits may be returned
CATCHWORDS : Judicial review of medical assessment - determination to be made by Registrar barrier to the proceeding of the appeal - nature of the determination.
LEGISLATION CITED : Workplace Injury Management and Workers Compensation Act 1998
Campbelltown City Council v Vegan [2004] NSWSC 1129 CASES CITED : Craig v South Australia (1995) 184 CLR 163
Lesley Michelle Wikaira (Plaintiff) PARTIES : Registrar of the Workers Compensation Commission of New South Wales (First Defendant) State Rail Authority of New South Wales (Second Defendant)
FILE NUMBER(S) : SC 30061/05
Mr J W Dodd (Plaintiff) COUNSEL : Submitting appearance (First Defendant) Mr G Barter (Second Defendant)
McCabe Partners (Plaintiff) SOLICITORS : I V Knight Crown Solicitor (First Defendant) Hicksons (Second Defendant)
LOWER COURT JURISDICTION : Workers Compensation Commission of New South Wales
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