Schofield v Abigroup Limited [2016] NSWSC 954

Supreme Court New South Wales

Medium Neutral Citation: Schofield v Abigroup Limited [2016] NSWSC 954 Hearing dates: 12 April 2016 Decision date: 11 July 2016 Before: Fullerton J Decision: 1. The summons is dismissed. 2. The plaintiff is to pay the first defendant's costs. Catchwords: ADMINISTRATIVE LAW – judicial review – construction of s 17 of the Workers Compensation Act 1987 and s 319(c) of the Workplace Injury Management and Workers Compensation Act 1998 – industrial deafness Legislation Cited: Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: A & G Engineering Pty Ltd v Civitarese (1996) 41 NSWLR 41 Commissioner for Railways v Bain [1965] HCA 5; 112 CLR 246 Lennon v TNT Australia Pty Ltd [2013] NSWCA 77; 84 NSWLR 161 Pereira v Siemens Ltd [2015] NSWSC 1133 Russo v World Services & Constructions Pty Ltd [1979] 1 NSWLR 330 Smith v Mann [1932] HCA 30; 47 CLR 426 Sukkar v Adonis Electrics Pty Ltd [2014] NSWCA 459 Category: Principal judgment Parties: William Charles Schofield (Plaintiff) Abigroup Limited (1st Defendant) The Registrar of the Workers Compensation Commission of NSW (2nd Defendant) Representation: Counsel: B McManamey (Plaintiff) P Perry (1st Defendant) Submitting appearance (2nd Defendant)

Solicitors: Turner Freeman (Plaintiff) Thompson Cooper Lawyers (1st Defendant) Crown Solicitor NSW (2nd Defendant) File Number(s): 2015/267167 Decision under appeal Court or tribunal: Workers Compensation Commission Date of Decision: 12 June 2015 Before: P McAdam, Delegate of the Registrar File Number(s): M1-004544/14