State of New South Wales v Ali [2018] NSWSC 1783

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Ali [2018] NSWSC 1783 Hearing dates: 1 November 2018 Date of orders: 21 November 2018 Decision date: 21 November 2018 Jurisdiction: Common Law Before: Harrison J Decision: Summons dismissed with costs Catchwords: ADMINISTRATIVE LAW – judicial review – workers compensation – decision of the delegate of the Registrar – meaning of "additional relevant information" in s 327(3)(b) of the Workplace Injury Management and Workers Compensation Act 1998 – where applicant seeks to rely on new surveillance report – where report neither additional nor relevant – summons dismissed Legislation Cited: Supreme Court Act 1970 (NSW), s 69 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 319, 325, 327, 328 Cases Cited: Campbelltown City Council v Vegan & Ors (2006) 67 NSWLR 372; [2006] NSWCA 284 Campbelltown City Council v Vegan [2004] NSWSC 1129 McKee v Allianz Australia Insurance Ltd [2008] NSWCA 163 Petrovic v BC Serv No 14 Pty Ltd & Ors [2007] NSWSC 1156 Riverina Wines Pty Ltd v Registrar of the Workers Compensation Commission of NSW & Ors [2005] NSWSC 1260 Category: Principal judgment Parties: State of New South Wales (Plaintiff) Saeb Ali (First Defendant) The delegate of the Registrar of the Workers Compensation Commission (Second Defendant) Representation: Counsel: D Stanton (Plaintiff) L D Robison (First Defendant)