NSW Caselaw
Reported Decision :
New South Wales Supreme Court
CITATION : Rewitu Pty Ltd v The Registrar of the WCC & Anor [2007] NSWSC 441 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 2 May 2007
JUDGMENT DATE : 7 May 2007
JURISDICTION : Common Law Division - Administrative Law List
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The decision of the Delegate of the Registrar of the Workers Compensation Commission dated 16 August 2006 is set aside; (2) The matter is remitted back to the Registrar for determination according to law; (3) The plaintiff is to have a Certificate under the Suitor's Fund Act 1951 (NSW) if applicable.
CATCHWORDS : Section 327(5) WIMWCA - calculation of time period to lodge an appeal
Interpretation Act 1987 (NSW) - s 36 Suitor's Fund Act 1951 (NSW) LEGISLATION CITED : Supreme Court Act 1970 (NSW) - s 69 Workers Compensation Commission Rules 203 (NSW) - r 19 Workplace Injury Management and Workers Compensation Act 1998 (NSW) - s 327
Aguiar v Registrar to the Workers Compensation Commission of NSW & Ors [2005] NSWSC 1017 CASES CITED : Holloway v Chairperson of the Residential Tribunal (2001) 51 NSWLR 716 Kingston v Keprose Pty Limited (1987) 11 NSWLR 404
Rewitu Pty Limited - Plaintiff PARTIES : Registrar of the Workers Compensation Commission of New South Wales - First Defendant Anthony Harvey - Second Defendant
FILE NUMBER(S) : SC 30115/2006
COUNSEL : Mr R Stanton - Plaintiff
Sparke Helmore, Lawyers - Plainitff SOLICITORS : Crown Solicitor, Submitting Appearance - First Defendant N/A - Second Defendant
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