NSW Caselaw
New South Wales Supreme Court
CITATION : Rarasea v The Danks Family Trust trading as Caroline Chisholm Nursing Home & Ors [2007] NSWSC 1072
HEARING DATE(S) : 25/09/2007
JUDGMENT DATE : 4 October 2007
JUDGMENT OF : Associate Justice Malpass
DECISION : The Certificate issued by the Appeal Panel is set aside. The matter is remitted to the Registrar for referral to an Appeal Panel for determination according to law. The defendant is to pay the costs of the Summons.
CATCHWORDS : Decision of Appeal Panel - insufficient reasons
LEGISLATION CITED : Supreme Court Act 1970 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW).
CASES CITED : Campbelltown City Council v Vegan [2006] NSWCA 284 Matthew Hall Pty Ltd v Smart [2000] NSWCA 284
Merani Bataki Rarasea (Pl) PARTIES : The Danks Family Trust trading as Caroline Chisholm Nursing Home & Ors (1st Def) Registrar of the Workers Compensation Commission (2nd Def) An Appeal Panel constituted under section 328 of the Workplace Injury Management and Workers Compensation Act 1998 (3rd Def)
FILE NUMBER(S) : SC 30005/07
COUNSEL : Mr C. Jackson (Pl) Mr M. Batten (1st Def)
P K Simpson & Co (Pl) SOLICITORS : Turkslegal (1st Def) Crown Solicitor (submitting appearance) (2nd & 3rd Def's)
LOWER COURT JURISDICTION : Workers Compensation Commission
LOWER COURT FILE NUMBER(S) : WCC 7068-2006
LOWER COURT JUDICIAL OFFICER : Appeal Panel
LOWER COURT DATE OF DECISION : 10/01/2007
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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