Cavar v Workers Compensation Commission [2019] NSWSC 1758

Supreme Court New South Wales

Medium Neutral Citation: Cavar v Workers Compensation Commission [2019] NSWSC 1758 Hearing dates: 5 December 2019 Date of orders: 05 December 2019 Decision date: 05 December 2019 Jurisdiction: Common Law Before: Emmett AJA Decision: 1. Leave to appeal be refused. 2. Amended summons filed on 26 July 2019 be dismissed. 3. Plaintiff pay costs of both defendants. Catchwords: APPEAL – Whether the Judicial Registrar of the District Court erred in dismissing the proceedings pursuant to r 13.4(1)(b) of the Uniform Civil Procedure Rules 2005 (NSW) – Whether the amended statement of claim discloses a cause of action against the named defendants. Legislation Cited: District Court Act 1973 (NSW) Freedom of Information Act 1989 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: Celia Celija Cavar (Plaintiff) Workers Compensation Commission (First Defendant) I Care Insurance & Care NSW (Second Defendant) Representation: Counsel: In person (Plaintiff) Ms S Ienna (Sol) (First Defendant) Mr T Grimes (Second Defendant)

Solicitors: In person (Plaintiff) Crown Solicitor's Office (First Defendant) Stiles Lawyers Pty Ltd (Second Defendant) File Number(s): 2019/89613 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Civil Citation: Nil Date of Decision: 15 February 2019 Before: Judicial Registrar Howard File Number(s): 2018/258301