RailCorp NSW v Registrar of the Workers Compensation Commission of NSW [2014] NSWCA 108

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: RailCorp NSW v Registrar of the Workers Compensation Commission of NSW [2014] NSWCA 108 Hearing dates: 13 March 2014 Decision date: 08 April 2014 Before: Macfarlan JA at [1]; Ward JA at [2]; Emmett JA at [3] Decision: 1 Leave to amend the originating summons filed on 13 April 2012 refused. 2 Appeal dismissed. 3 Appellant to pay the second respondent's costs of the appeal. [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: ADMINISTRATIVE LAW - judicial review - grounds of review - whether the determination of the Registrar of Workers Compensation Commission was affected by jurisdictional error - whether Registrar acted outside statutory powers - whether Registrar was functus officio Legislation Cited: Interpretation Act 1987 (NSW), s 48 Supreme Court Act 1970 (NSW), s 69 Workplace Injury Management & Workers Compensation Act 1998 (NSW), ss 319, 321, 325, 327, 329, 378 Cases Cited: Rodger v De Gelder [2011] NSWCA 97; 80 NSWLR 594 Category: Principal judgment Parties: RailCorp NSW (Appellant) Registrar of the Workers Compensation Commission of New South Wales (First Respondent) Ragaa Haroun (Second Respondent) Representation: Counsel: