NSW Caselaw
New South Wales Supreme Court
CITATION : Skillen v MKT Removals Pty Ltd & Ors [2007] NSWSC 608
HEARING DATE(S) : 13/06/2007
JUDGMENT DATE : 19 June 2007
JUDGMENT OF : Associate Justice Malpass
DECISION : The Certificate issued by the Appeal Panel is set aside. The matter is remitted to the Registrar for referral to an Appeal Panel constituted under s328 of the Act for determination according to law. The first defendant is to pay the costs of the proceedings.
CATCHWORDS : Appeal Panel - nature and scope of review - grounds of appeal and submissions - medical examination and requirement for comment
Legal Profession Act 2004 (NSW) LEGISLATION CITED : Supreme Court Act 1970 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Uniform Civil Procedure Rules 2005 (NSW)
Allesch v Maunz (2000) 203 CLR 172 Campbelltown City Council v Vegan [2004] NSWSC 1129 CASES CITED : Campbelltown City Council v Vegan & Ors [2006] NSWCA 284 Craig v South Australia (1995) 184 CLR 163 Estate of Heinrich Christian Joseph Brockmann v Brockmann Metal Roofing & Ors [2006] NSWSC 235 Lukacic v Vickarni Pty Ltd & Anor [2007] NSWSC 530
Simon Craig Skillen (Pl) PARTIES : MKT Removals Pty Ltd (1st Def) An Appeal Panel constituted under s328(1) of the Workplace Injury Management and Workers Compensation Act 1998 (2nd Def) The Registrar of the Workers Compensation Commission (3rd Def)
FILE NUMBER(S) : SC 14831/06
COUNSEL : Mr B. G. McManamey (Pl) Mr B. A. Odling (2nd Def)
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