Preston v Randwick City Council & Ors [2012] NSWCA 178

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Preston v Randwick City Council & Ors [2012] NSWCA 178 Hearing dates: 7 June 2012 Decision date: 18 June 2012 Before: Allsop P Sackville AJA Decision: 1. Application for leave to appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: INTERLOCUTORY APPLICATION - Application for leave to appeal - Workers Compensation Commission dismissed appeal against consent orders made in proceedings before Commission constituted by an Arbitrator - Workplace Injury Management and Workers Compensation Act 1998, s 354(7A) - whether the Commission constituted by a Presidential member erred in law - whether applicant was denied procedural fairness - no denial of procedural fairness - leave to appeal dismissed Legislation Cited: Workplace Injury Management and Workers Compensation Act 1998 (NSW) - s 294, s 350(3), s 350(6), s 352(5), s 353(1), s 353(7), s 354(6), 354 (7A), s 375 Workers Compensation Commission Rules 2011 - r 15.3, r 15.9 Cases Cited: Hall v Nominal Defendant [1966] HCA 36; 117 CLR 423 Markulin v Healthwoods Pty Ltd [2007] NSWWCCPD 76; DDCR 527 Sapina v Coles Myer Ltd [2001] NSWCA 71 Sorcevski v Steggles Pty Ltd (1991) 7 NSWCCR 315 Spears v Department of Ageing, Disability & Homecare of NSW [2010] NSWWCCPD 35 Wickstead v Browne (1992) 30 NSWLR 1 Category: Interlocutory applications Parties: Stephen Frederick Preston (Applicant) Randwick City Council (First Respondent) Allianz Australia Workers' Compensation (NSW) Ltd (Second Respondent) Representation: Counsel: Stephen Frederick Preston (in person) (Applicant) Larry King SC (First and Second Respondents) Solicitors: Unrepresented (Applicant) Ellison Tillyard Callanan (First and Second Respondents) File Number(s): 2012/43089 Decision under appeal Citation: Preston v Randwick City Council [2012] NSWWCCPD 1 Date of Decision: 2012-01-10 00:00:00 Before: Deputy President Kevin O'Grady File Number(s): A1 - 1686/11