Kolderie v Murray Brown trading as Goldcard Plumbing & 2 Ors [2007] NSWSC 657

New South Wales Supreme Court

CITATION : Kolderie v Murray Brown trading as Goldcard Plumbing & 2 Ors [2007] NSWSC 657 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 22 June 2007

JUDGMENT DATE : 27 June 2007

JURISDICTION : Common Law Division - Administrative Law List

JUDGMENT OF : Associate Justice Harrison

DECISION : (1) The decision of the Appeal Panel dated 7 June 2006 is affirmed; (2) The further amended summons filed 22 June 2007 is dismissed; (3) The plaintiff is to pay the defendants' costs as agreed or assessed.

CATCHWORDS : WIMWCA - Review of decision of Appeal Panel - procedural fairness - re-examination

LEGISLATION CITED : Workplace Injury Management & Workers Compensation Act 1998 - s 327

CASES CITED : Craig v South Australia (1994-95) 184 CLR 163 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323

Jason Kolderie - Plaintiff PARTIES : Murray Brown t/as Goldcard Plumbing - First Defendant Medical Appeal Panel - Second Defendant Registrar of the WCC - Third Defendant

FILE NUMBER(S) : SC 30138/2006

COUNSEL : Mr D Williams with Ms L Goodchild - Plaintiff Mr P R Stockley - First Defendant

SOLICITORS : Bryden's Law Office - Plaintiff Mr I V Knight, Crown Solicitor - Second & Third Defendants

LOWER COURT JURISDICTION : Workers Compensation Commission

LOWER COURT FILE NUMBER(S) : 9932/2005

LOWER COURT JUDICIAL OFFICER : Appeal Panel

LOWER COURT DATE OF DECISION : 7 June 2006

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST