Wollongong Fabrications Pty Ltd v Ramsbottom [2006] NSWCA 279

Reported Decision : 68 NSWLR 387

New South Wales Court of Appeal

CITATION: Wollongong Fabrications Pty Ltd v Ramsbottom [2006] NSWCA 279

HEARING DATE(S): 28 August 2006

JUDGMENT DATE: 12 October 2006

JUDGMENT OF: Mason P at 1; Hodgson JA at 2; Tobias JA at 7

DECISION: (a) Leave to appeal granted upon condition that the claimant file its Notice of Grounds of Appeal within seven days of the date of these orders; (b) Appeal allowed; (c) Set aside the orders made by his Honour Judge Phelan on 11 August 2005; (d) Remit the proceedings to the District Court for the hearing of the whole of the opponent's action; (e) The opponent to pay the claimant's costs of the proceedings before Judge Phelan on 1 March 2005, 2 March 2005 and 9 June 2005; (f) The opponent to pay the claimant's costs of the summons for leave to appeal and of the appeal but to have with respect to the latter a certificate under the Suitor's Fund Act 1951, if otherwise qualified

CATCHWORDS: WORKERS COMPENSATION – notice of injury – nature of notice required under s 151C(1) of the Workers Compensation Act 1987 – effect of non-compliance with s 151C(1) – whether conduct of case gave rise to Verwayen estoppel – whether question of notice is capable of determination as a separate issue – interaction between the Workers Compensation Act 1987 and Workplace Injury Management and Workers Compensation Act 1998

District Court Rules 1973 Evidence Act 1995 LEGISLATION CITED: Workers Compensation Act 1987, s 151C(1) Workers Compensation (Benefits) Amendment Act 1989 Workers Compensation Legislation Amendment Act 1998 Workplace Injury Management and Workers Compensation Act 1998