MAHENTHIRARASA v STATE RAIL AUTHORITY OF NEW SOUTH WALES [2008] NSWCA 101

New South Wales Court of Appeal

CITATION: MAHENTHIRARASA v STATE RAIL AUTHORITY OF NEW SOUTH WALES [2008] NSWCA 101

HEARING DATE(S): 18 February 2008

JUDGMENT DATE: 21 May 2008

JUDGMENT OF: Giles JA at 1; Basten JA at 10; Bell JA at 75

(1) Grant leave to appeal in relation to the decision of the Registrar's delegate and direct the applicant to file his notice of appeal within 7 days. (2) Allow the appeal and set aside the decision of the primary judge dismissing the summons. DECISION: (3) Set aside the decision of the delegate of the Registrar of the Workers Compensation Commission made on 14 July 2005. (4) Remit the appeal to the Registrar for reconsideration of the application of s 327(4), to be determined according to law. (5) (a) Grant the applicant leave to file and serve submissions in support of his claim that the SRA pay his costs within 28 days. (b) Grant the SRA leave to file and serve submissions in reply within 14 days after receipt of the applicant's submissions.

CATCHWORDS: ADMINISTRATIVE LAW – role and functions of Registrar of Workers Compensation Commission – whether error in decision of Registrar's delegate that there were no grounds of appeal existed – role of court where relief not opposed – whether consent orders appropriate - ADMINISTRATIVE LAW – reasons – when required in relation to administrative decision - COSTS – costs where no opponent - WORDS AND PHRASES – "exists" – "demonstrable error" - WORKERS' COMPENSATION – inconsistency in medical assessment certificate – whether ground of appeal exists – demonstrable error – Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 327(3), (4)

Suitors' Fund Act 1951 (NSW), ss 2, 6 LEGISLATION CITED: Supreme Court Act 1970 (NSW), s 69 Workers Compensation Act 1987 (NSW), s 68A Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 323, 325, 327, 328, 369, 371, Ch 7, Pt 7