NSW Caselaw
New South Wales Supreme Court
CITATION : Cole v Wenaline Pty Limited [2010] NSWSC 78
HEARING DATE(S) : 18 December 2009
JUDGMENT DATE : 23 February 2010
JUDGMENT OF : Schmidt J
DECISION : 1. The decision be quashed and the matter referred to the Appeal Panel to be dealt with according to law. 2. The defendant bear the plaintiff's costs of the proceedings, other than the costs thrown away in respect of the hearing listed on 16 December 2009. The Plaintiff is to bear the defendant's costs, in that respect.
CATCHWORDS : APPEAL - Workers Compensation - appeal from Workers Compensation Commission Appeal Panel - construction of s 323 of the Workplace Injury Management and Workers Compensation Act 1998 - error made - appeal upheld - medical panel decision quashed - costs
Supreme Court Act 1970 LEGISLATION CITED : Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998
CATEGORY : Principal judgment
CASES CITED : Campbelltown City Council v Vegan & Ors [2006] NSWCA 284; (2006) 67 NSWLR 372 Matthew Hall Pty Ltd v Smart [2000] NSWCA 284; (2000) 21 NSWCCR 34
PARTIES : Applicant: Warwick James Cole Respondent: Wenaline Pty Limited
FILE NUMBER(S) : SC 30048/09
COUNSEL : Applicant: Mr P R Stockley, counsel Respondent: Mr G Parker, counsel
SOLICITORS : Applicant: Stacks/Taree Respondent: Turks Legal
LOWER COURT JURISDICTION : Compensation Court
LOWER COURT FILE NUMBER(S) : M1-007201/08
LOWER COURT JUDICIAL OFFICER : Arbitrator Bruce McManamey
LOWER COURT DATE OF DECISION : 24 April 2009
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