NSW Caselaw
Reported Decision : 67 NSWLR 417
New South Wales Court of Appeal
CITATION: RANIERE NOMINEES PTY LIMITED trading as Horizon Motor Lodge v DALEY and Another [2006] NSWCA 235
HEARING DATE(S): 5 May 2006
JUDGMENT DATE: 24 August 2006
JUDGMENT OF: Spigelman CJ at 1; Giles JA at 2; Santow JA at 22
DECISION: Leave to appeal granted. Appeal dismissed with costs. See orders at [79].
CATCHWORDS: WORKERS COMPENSATION – Commission's jurisdiction to determine employer's liability to pay – Indemnity Scheme under which WorkCover has discretion to pay or decline to pay compensation to employee whose employer is uninsured for its liability under the Act – Distinction between schemes under s144 and s145 of Workers Compensation Act – was it a jurisdictional requirement for Commission to hear an employer objection opposing indemnification of WorkCover where the notice required by s145(4) was not given.
Compensation Court Repeal (Transitional) Regulation 2003, cl 7 LEGISLATION CITED: Workers Compensation Act 1987, Pt 4 Div 6, s143, s144, s145, Workers Compensation Legislation Amendment Act 2001 Workplace Injury Management and Workers Compensation Act 1998 s353
Associated Provincial Picture House Ltd v Wednesbury Corporation [1948] 1 KB 223 Claro v Minister for Immigration, Local Government and Ethnic Affairs (1993) 119 ALR 342 David Grant & Co Pty Limited v Westpac Banking Corporation (1995) 184 CLR 265 DJL v Central Authority (2000) 201 CLR 226 Howard v Secretary of State for the Environment (1975) 1 QB 235 Kiao & Ors v West & Anor (1985) 159 CLR 550 CASES CITED: Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 R v Commissioner of Patents; ex parte Weiss (1939) 61 CLR 240 Re J & E Holdings Pty Ltd (1995) 17 ACSR 319 R v Lincolnshire Appeal Tribunal, ex parte Stubbins (1919) 1 KB 1 Raniere Nominees Pty Ltd v Daley [2005] NSWCA 121 Timbarra Protection Coalition Inc v Ross Mining NL (1999) 46 NSWLR 35 Twist v Randwick City Council (1976) 136 CLR 106
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