NSW Caselaw
New South Wales Supreme Court
CITATION : Pitsonis v Registrar of the Workers Compensation Commission & Anor [2007] NSWSC 50 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 06/02/2007
JUDGMENT DATE : 13 February 2007
JUDGMENT OF : Associate Justice Malpass
DECISION : The summons is dismissed. The plaintiff is to pay the costs of the proceedings.
CATCHWORDS : Judicial review - appeal by application to the Registrar - test to be applied by Registrar - conflicting authority - demonstrable error - incorrect criteria - failure to discharge onus.
Supreme Court Act 1970 (NSW) LEGISLATION CITED : Workers Compensation Act 1987 (NSW) Workers Compensation Legislation Amendment (Miscellaneous Provisions) Act 2005 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW)
Campbelltown City Council v Vegan & Ors [2006] NSWCA 284 Craig v South Australia (1995) 184 CLR 163 CASES CITED : Mahenthirarasa v State Rail Authority of New South Wales & Ors [2007]NSWSC 22 Merza v Registrar of the Workers Compensation Commission & Anor [2006] NSWSC 939 Riverina Wines Pty Ltd v Registrar of the Workers Compensation Commission of New South Wales [2005]NSWSC 1260 Wikaira v Registrar of the Workers Compensation Commission of NSW & Anor [2005] NSWSC 954
Marina Pitsonis PARTIES : Registrar of the Workers Compensation Commission State of New South Wales (NSW Department of Education and Training)
FILE NUMBER(S) : SC 30064/06
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