Railcorp NSW v Registrar of the WCC of NSW [2013] NSWSC 231

Supreme Court New South Wales

Medium Neutral Citation: Railcorp NSW v Registrar of the WCC of NSW [2013] NSWSC 231 Hearing dates: 10/12/2012 Decision date: 26 March 2013 Before: Harrison AsJ Decision: The Court orders that: (1) The plaintiff's claim for judicial review fails. (2) The summons filed 13 April 2012 is dismissed. (3) The plaintiff is to pay the second defendant's costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW - judicial review - whether Registrar acted outside statutory powers - whether issue estoppel Legislation Cited: Compensation Court Act 1984 Interpretation Act 1987 Supreme Court Act 1970 Workers Compensation Act 1987 Workers Compensation Legislation Amendment Act 2012 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Abou-Haidar v Consolidated Wire Pty Ltd [2010] NSWWCCPD 13 Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd [2010] NSWCA 190; (2010) 78 NSWLR 393 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; (2002) 209 CLR 597 Prisk v Department of Ageing, Disability and Home Care (No 2) [2009] NSWWCCPD 12 Samuel v Sebel Furniture Limited [2006] NSWWCCPD 141; (2006) 5 DDCR 482 Superior Formwork Pty Ltd v Livaja [2009] NSWWCCPD 158 Switzerland Insurance Workers' Compensation (NSW) Ltd v Burley (NSWCA, 5 December 1996, unreported) Category: Principal judgment Parties: Railcorp NSW (Plaintiff) Registrar of the Workers Compensation Commission of New South Wales (First Defendant) Ragaa Haroun (Second Defendant) Representation: Counsel: JW Dodd (Plaintiff) SW Gibb SC with SG Moffet (Second Defendant) Solicitors: Sparke Helmore (Plaintiff) Crown Solicitor, Submitting Appearance (First Defendant) Walker Legal (Second Defendant) File Number(s): 2012/116747