Labourpower Recruitment Services Pty Limited v Nolland [2019] NSWSC 512

Supreme Court New South Wales

Medium Neutral Citation: Labourpower Recruitment Services Pty Limited v Nolland [2019] NSWSC 512 Hearing dates: 2 May 2019 Decision date: 06 May 2019 Jurisdiction: Common Law Before: Adamson J Decision: (1) Allow the appeal.

(2) Set aside the whole of the decision of McKeogh LCM made on 20 September 2018, including the order.

(3) In lieu thereof, order that the notice of motion filed by the defendant in the Local Court on 20 September 2018 be dismissed.

(4) Unless an application for a different order is made by the defendant within 7 days hereof by application in writing to my Associate, together with any evidence or submissions in support, order that there be no order as to the costs of the notice of motion in the Court below or the costs of the proceedings in this Court. Catchwords: APPEALS – only on question of law – Local Court struck out plaintiff's claim for want of jurisdiction – claim for monies paid to defendant alleged to constitute overpayment – jurisdiction of Workers Compensation Commission – jurisdiction of Local Court not excluded Legislation Cited: Local Court Act 1970 (NSW), ss 29, 29A, 39 Workers Compensation Act 1987 (NSW), ss 4, 9, 33, 58 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 4, 49, 105, 235A, 235B, 235C, 235D, State Insurance and Care Governance Act 2015 (NSW) Cases Cited: Carricks Ltd v Pizzaro (1995) 38 NSWLR 274 Coco v The Queen (1994) 179 CLR 427; [1994] HCA 15 Melesco Manufacturing Pty Ltd v Thompson (1996) 40 NSWLR 525 Spies v Commonwealth Bank of Australia (1991) 24 NSWLR 691 Category: Principal judgment Parties: Labourpower Recruitment Services Pty Limited (Plaintiff) Brent Nolland (Defendant) Representation: Counsel: P Barry (Plaintiff) P Tiliakos (Defendant)