Ausgrid (formerly Energy Australia Pty Ltd) v Butler [2012] NSWCA 303

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ausgrid (formerly Energy Australia Pty Ltd) v Butler [2012] NSWCA 303 Hearing dates: 3 September 2012 Decision date: 03 September 2012 Before: Bathurst CJ at [27] Allsop P at [1] Decision: 1. Application for leave to appeal dismissed. 2. Applicant pay the respondent's costs on the indemnity basis. [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: LEAVE TO APPEAL - workers compensation - interaction of ss 79 and 289A of Workplace Injury Management and Workers Compensation Act 1998 (NSW) - operation of transitional provisions of Workers Compensation Act 1987 (NSW) - no procedural unfairness at Workers Compensation Commission - poor prospects of success in appeal - leave refused Legislation Cited: Civil Procedure Act 2005 (NSW) Supreme Court Act 1970 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Sapina v Coles Myer Ltd [2009] NSWCA 71 Category: Principal judgment Parties: Ausgrid (formerly Energy Australia Pty Ltd) (Applicant) Brian Frederick Oxford Butler (Respondent) Representation: Counsel: Mr P Stockley (Applicant) Mr L King SC, Ms L Goodman (Respondent) Solicitors: Leigh Virtue & Associates (Applicant) White Barnes (Respondent) File Number(s): 2012/134324 Decision under appeal Citation: [2012] NSWWCCPD 19 Date of Decision: 2012-03-30 00:00:00 Before: O'Grady DP File Number(s): A2-2838/09