Randwick City Council v Kurnell Passenger & Transport Service Pty Ltd [2008] NSWSC 296

New South Wales Supreme Court

CITATION : Randwick City Council v Kurnell Passenger & Transport Service Pty Ltd [2008] NSWSC 296

HEARING DATE(S) : 12 March 2008

JUDGMENT DATE : 4 April 2008

JUDGMENT OF : Simpson J

DECISION : The notice of motion is dismissed with costs

CATCHWORDS : STATUTORY INTERPRETATION - workers compensation - defendant's application for limited stay of substantive proceedings - injured worker recovered compensation from his employer as a result of injury caused by the tort of a third party - plaintiff employer seeking indemnity against the defendant tortfeasor for past and future liability or damages under s 151Z of the Workers Compensation Act - injured worker refusing to attend medical examinations arranged by the defendant - whether an employer may require an injured worker not a party to proceedings to attend medical examinations under s 119 of the Workplace Injury Management and Workers Compensation Act 1998 for the purposes of a third party - limits imposed upon demands of medical examination of injured workers- purpose of s 119 is the determination of a claim by an injured worker against an employer - s 119(2) not available either to an employer or a third-party tortfeasor for the purpose of a claim under s 151Z.

LEGISLATION CITED : Workplace Injury Management and Workers Compensation Act 1998 Workers Compensation Act 1987

CATEGORY : Principal judgment

CASES CITED : Grant v Royal Rehabilitation Centre Sydney [1999] NSWCA 250; 47 NSWLR 263

TEXTS CITED : Pearce and Geddes, Statutory Interpretation in Australia, 6th ed (2006)

PARTIES : Randwick City Council - (Plaintiff) Kurnell Passenger & Transport Service Pty Ltd - (Defendant)