NSW Caselaw
New South Wales Supreme Court
CITATION : Lukacevic v Coates Hire Operations [2010] NSWSC 551
HEARING DATE(S) : 12 February 2010
JUDGMENT DATE : 4 June 2010
JURISDICTION : Common Law Division Administrative Law List
JUDGMENT OF : Hislop J
DECISION : 1. Summons dismissed. 2. The plaintiff to pay the first defendant's costs of the summons.
CATCHWORDS : ADMINISTRATIVE LAW - Workers Injury Management and Workers Compensation Act 1998, s328(3) - discretionary admission by Appeal Panel of fresh evidence.
LEGISLATION CITED : Workplace Injury Management and Workers Compensation Act 1998
Greater Wollongong City Council v Cowan (1955) 93 CLR 435 CASES CITED : Summerfield v Registrar of the Workers Compensation Commission of NSW [2006] NSWSC 515 Zuanic v Gypro-Tech (Australia) Pty Limited (2006) 66 NSWLR 206 Massie v Southern NSW Timber and Hardware Pty Limited [2006] NSWSC 1045
Damir Lukacevic (Plaintiff) PARTIES : Coates Hire Operations Pty Limited (1st Defendant) Registrar of the Workers Compensation Commission (2nd Defendant) An Appeal Panel constituted under section 328 of the Workplace Injury Management Act 1998 (NSW) (3rd Defendant)
FILE NUMBER(S) : SC 2009/297957
C. Jackson (Plaintiff) COUNSEL : F. Doak (1st Defendant) Submitting appearance (2nd Defendant) Submitting appearance (3rd Defendant)
Martin Bell & Co, Solicitors (Plaintiff) SOLICITORS : Sparke Helmore Lawyers (1st Defendant) Crown Solicitor's Office (2nd Defendant) Crown Solicitor's Office (3rd Defendant)
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