NSW Caselaw
New South Wales Supreme Court
CITATION : Tran v J Robins & Sons Pty Ltd [2006] NSWSC 1013
HEARING DATE(S) : 25/09/06
JUDGMENT DATE : 29 September 2006
JUDGMENT OF : Bell J at 1
DECISION : 1. Set side the decision of Jeremy Lum, delegate of the Registrar, made 15 February 2006 refusing to allow the plaintiff's appeal to proceed under s 327 of the Workplace Injury Management and Workers Compensation Act 1998; 2. The matter is remitted to the second defendant for determination under s 327(4) of the 1998 Act in accordance with the law; 3. The first defendant is to pay the plaintiff's costs of the proceedings.
CATCHWORDS : Workers compensation - judicial review of Registrar's determination not to refer medical assessment for appeal
Supreme Court Act 1970 LEGISLATION CITED : Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998
Campbelltown City Council v Vegan [2004] NSWSC 1129 CASES CITED : R v Maclay (1990) 19 NSWLR 112 Summerfield v Registrar of the Workers Compensation Commission of NSW [2006] NSWSC 515 Zuanic v Gypro-Tech (Australia) Pty Limited (in liquidation) [2006] NSWSC 739
Tieu Muoi Tran (Plaintiff) PARTIES : J. Robins & Sons Pty Ltd (First Defendant) Registrar of the Workers Compensation Commission of New South Wales (Second Defendant)
FILE NUMBER(S) : SC 2006/30035
COUNSEL : P.J Menary (Plaintiff) T. Wardell (First Defendant)
W.G. McNally & Co Solicitors (Plaintiff) SOLICITORS : Edwards Michael Moroney Lawyers (First Defendant) I V Knight (Second Defendant)
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