Luxford v NSW Self Insurance Corporation [2013] NSWSC 1845

Supreme Court New South Wales

Medium Neutral Citation: Luxford v NSW Self Insurance Corporation [2013] NSWSC 1845 Hearing dates: 5 November 2013 Decision date: 13 December 2013 Jurisdiction: Equity Division Before: White J Decision: Refer to para [57] of judgment. Catchwords: WORKERS' COMPENSATION - commutation agreements - application for specific performance of commutation agreement prior to registration of agreement - whether commutation agreement is binding and enforceable prior to registration - effect of Workers Compensation Legislation Amendment Act 2012 on commutation agreements - certification of satisfaction as to matters in s 87EA of Workers Compensation Act 1987 by WorkCover Authority - whether WorkCover Authority is to assess matters under s 87EA having regard to changes effected by Workers Compensation Legislation Amendment Act 2012 - construction of definition of "transitional commutation agreement" in cl 22(1) of Sch 6 Part 19H of Workers Compensation Act 1987 - whether specific performance would be futile Legislation Cited: Workers Compensation Legislation Amendment Act 2012 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Evidence Act 1995 Cases Cited: Tran v JR Manufacturing Industries Pty Ltd [1998] NSWCC 56; (1998) 17 NSWCCR 225 Gerace v Art Coating [1999] NSWSC 837 Art Coating Pty Ltd v Gerace [2000] NSWCA 169 Booker Industries Pty Ltd v Wilson Parking (Qld) Pty Ltd (1982) 149 CLR 600 Butts v O'Dwyer (1952) 87 CLR 267 Hercy v Birch (1804) 9 Ves 357; 32 ER 640 Marks v CCH Australia [1993] 3 VR 513 Category: Principal judgment Parties: Gary Edward Luxford (Plaintiff) NSW Self Insurance Corporation (Defendant) Representation: Counsel: D Ash (Plaintiff) M Tyson (Defendant) Solicitors: Federation Law (Plaintiff) Sparke Helmore Lawyers (Defendant) File Number(s): 2013/258931