Bhusal v Catholic Health Care [2017] NSWSC 838

Supreme Court New South Wales

Medium Neutral Citation: Bhusal v Catholic Health Care [2017] NSWSC 838 Hearing dates: 6 April 2017 Decision date: 23 June 2017 Jurisdiction: Common Law Before: Button J Decision: (1) The amended summons of 6 April 2017 is dismissed. (2) The plaintiff, Ms Sapana Bhusal, must pay the costs of the first defendant, Catholic Health Care, of the proceedings before me. Catchwords: ADMINISTRATIVE LAW – summons for judicial review – decision made pursuant to workers compensation legislative regime – whether compliance with time limit to apply for review is a jurisdictional fact – summons dismissed Legislation Cited: Workers Compensation Act 1987 (NSW), ss 44BB, 44BB(3)(a) Cases Cited: ADCO Constructions Pty Ltd v Goudappel (2014) 254 CLR 1; [2014] HCA 18 Browne v Dunn (1893) 6 R 67 (HL) City of Enfield v Development Assessment Commission (2000) 199 CLR 135; [2000] HCA 5 Henderson v QBE Insurance (Australia) Ltd [2013] NSWCA 480 Insurance Australia Ltd t/as NRMA Insurance v Scott [2016] NSWCA 138 Kioa v West (1985) 159 CLR 550; [1985] HCA 81 Plaintiff M70 v Minister for Immigration and Citizenship (2011) 244 CLR 144; [2011] HCA 32 Woolworths Ltd v Pallas Newco Pty Ltd (2004) 61 NSWLR 707; [2004] NSWCA 422 Texts Cited: Guidelines for Work Capacity Decision Internal Reviews by Insurers and Merit Reviews by the Authority (NSW WorkCover, 11 October 2013) Mark Leeming, Authority to Decide: The Law of Jurisdiction in Australia (Federation Press, 2012) Category: Principal judgment Parties: Sapana Dhakal Bhusal (Plaintiff) Catholic Health Care (First Defendant) State Insurance Regulatory Authority Workers Compensation Merit Review Services (Second Defendant) Workers Compensation Independent Review Officer (Third Defendant) Representation: Counsel: E G Romaniuk SC with E E Grotte (Plaintiff) C Jackson (First Defendant) Submitting Appearances (Second and Third Defendant)