Coombs trading as Abbotsleigh Engineering v Workcover Authority of NSW [2014] NSWSC 1707

Supreme Court New South Wales

Medium Neutral Citation: Coombs trading as Abbotsleigh Engineering v Workcover Authority of NSW [2014] NSWSC 1707 Hearing dates: 19/11/2014 Decision date: 17 December 2014 Before: Adams J Decision: 1. Appeal dismissed. 2. Plaintiff to pay defendant's costs. Catchwords: WORKERS COMPENSATION - enforcement of statutory debt under notice to reimburse - summary dismissal of defence and cross-claim in enforcement proceedings - whether matters determined by Workers Compensation Commission can be re-litigated in Local Court Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth), s 12ED Competition and Consumer Act 2010 (Cth), Sch 1 Local Court Act 2007 (NSW), s 30 Workers Compensation Act 1987 (NSW), s 10, s 130, s 145(1), s 145(3), s 145(4), s 145(6), s 155 Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 105(1), s 352, s 353 Cases Cited: Raniere Nominees Pty Ltd trading as Horizon Motor Lodge v Daley [2006] NSWCA 235 Teofilo v State of New South Wales [2007] NSWSC 767 Category: Principal judgment Parties: Adam Coombs trading as Abbotsleigh Engineering (Plaintiff) Workcover Authority of NSW (Defendant) Representation: Counsel: T Hall, solicitor (Plaintiff) S Clemmett (Defendant) Solicitors: Hall Partners (Plaintiff) Sparke Helmore Lawyers (Defendant) File Number(s): 2014/90284 Decision under appeal Jurisdiction: 9109 Date of Decision: 2014-02-25 00:00:00 Before: Miszalski LCM File Number(s): 2013/100202