NSW Caselaw
New South Wales Supreme Court
CITATION : Merza v Registrar of the Workers Compensation Commission & Anor [2006] NSWSC 939
HEARING DATE(S) : 07/09/2006
JUDGMENT DATE : 14 September 2006
JUDGMENT OF : Hoeben J at 1
DECISION : Summons dismissed. ; The plaintiff is to pay the costs of the second defendant as agreed or assessed.; Liberty to apply on 2 days' notice.
CATCHWORDS : ADMINISTRATIVE LAW - Judicial review of Registrar's decision to refuse application to appeal from decision of Approved Medical Specialist - meaning of "demonstrable error" in section 327(3) of Workplace Injury Management and Workers Compensation Act 1998.
LEGISLATION CITED : Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998
Air Grills Pty Limited v Kiparizov [2005] NSWCC PD 74 Campbelltown City Council v Vegan [2004] NSWSC 1129 at [74] CASES CITED : Escobar v Spindaleri (1986) 7 NSWLR 51 Wikaira v Registrar of the Workers Compensation Commission of NSW and Anor [2005] NSWSC 954 Zuanic v Gypro-Tech (Australia) Pty Limited and Ors [2006] 739 at [30]
Maykel Merza - Plaintiff PARTIES : Registrar of the Workers Compensation Commission - First Defendant Spicer Axle Australia Pty Limited - Second Defendant
FILE NUMBER(S) : SC 30096/2005
Mr B McManamey - Plaintiff COUNSEL : Submitting Appearance - First Defendant Mr M Gollan - Second Defendant
Ron Kramer Associates - Plaintiff SOLICITORS : IV Knight, Crown Solicitor - First Defendant Lee and Lyons - Second Defendant
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