Inghams Enterprises Pty Limited v Vojnikovich [2014] NSWSC 1519

Supreme Court New South Wales

Medium Neutral Citation: Inghams Enterprises Pty Limited v Vojnikovich [2014] NSWSC 1519 Hearing dates: 26 September 2014, 29 October 2014 Decision date: 04 November 2014 Jurisdiction: Common Law Before: Schmidt J Decision: Consent orders sought to be made declined. Catchwords: ADMINISTRATIVE LAW - judicial review - consent orders - approval of settlement - orders seeking to quash a decision made by a Medical Appeal Panel under the Workplace Injury Management and Workers Compensation Act 1998 (NSW) - jurisdiction - orders sought to be made declined - jurisdiction not established Legislation Cited: Civil Procedure Act 2005 (NSW) Supreme Court Act 1970 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Cole v Wenaline Pty Ltd [2010] NSWSC 78 D'Aleo v Ambulance Service (Court of Appeal (NSW), 12 December 1996, unrep) Kirk v Industrial Relations Commission (NSW); Kirk Group Holdings Pty Ltd v WorkCover Authority of (NSW) (Inspector Childs)[2010] HCA 1; (2010) 239 CLR 531 Kovalev v Minister for Immigration & Multicultural Affairs [1999] FCA 557; (1999) 100 FCR 323 Nong v Minister for Immigration & Multicultural Affairs [2000] FCA 1575; (2000) 106 FCR 207 Thomson Australian Holdings Pty Ltd v Trade Practices Commission [1981] HCA 48; (1981) 148 CLR 150 Victims Compensation Fund Corp v GM [2004] NSWCA 185 (2004) 60 NSWLR 310 Xiao v Minister for Immigration & Multicultural Affairs [2001] FCA 459; (2001) 109 FCR 129 Category: Principal judgment Parties: Inghams Enterprises Pty Limited (Plaintiff) Biljana Vojnikovich (First Defendant) An Appeal Panel of the Workers' Compensation Commission constituted pursuant to section 328(1) of the Workplace Injury Management & Workers' Compensation Act 1998 (Second Defendant) The Registrar of the Workers' Compensation Commission (Third Defendant) Representation: Counsel: Mr C Jackson (Plaintiff) Mr D R Benson (First Defendant) Solicitors: Leigh Virtue & Associates (Plaintiff) Slater & Gordon (First Defendant) I V Knight, Crown Solicitor (Second and Third Defendants) File Number(s): 2014/197635 Publication restriction: None