Brighton Und Refern Plaster Pty Ltd v Boardman [2005] NSWCA 167

Brighton Und Refern Plaster Pty Ltd v Boardman [2005] NSWCA 167

Leave to appeal was refused because the claimant did not raise a sufficiently arguable basis for questioning the recent unanimous decision in Gordon v Berowra Holdings Pty Limited that non-compliance with s 151C does not render proceedings a nullity and can be waived, and no ground was shown for doubting the primary judge's finding that waiver had occurred.

Jurisdiction
Australia
Judgment Date
12 May 2005
Procedural Posture
Workplace Injury Damages Proceedings / Application for Leave to Appeal From Dismissal of Strike Out Application
Outcome
Leave to appeal refused with costs.
Legal Topics
["proceedings Commenced Before the Six Months in S 151 C of the Workers' Compensation Act, 1987" 'whether Non Compliance With S 151 C Rendered Proceedings a Nullity' 'waiver of Non Compliance' 'leave to Appeal']
['workers Compensation' 'civil Procedure' 'workplace Injury'] ["proceedings Commenced Before the Six Months in S 151 C of the Workers' Compensation Act, 1987" 'whether Non Compliance With S 151 C Rendered Proceedings a Nullity' 'waiver of Non Compliance' 'leave to Appeal']

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Procedural Posture

Workplace Injury Damages Proceedings / Application for Leave to Appeal From Dismissal of Strike Out Application

Legal Issues

  1. 1 ["Whether non-compliance with s 151C of the Workers' Compensation Act, 1987 rendered the proceedings a nullity." 'Whether non-compliance with s 151C was capable of waiver.' 'Whether waiver was properly found on the facts.' 'Whether leave to appeal should be granted to question Gordon v Berowra Holdings Pty Limited (2005) NSWCA 27.']

Ratio Decidendi

Leave to appeal was refused because the claimant did not raise a sufficiently arguable basis for questioning the recent unanimous decision in Gordon v Berowra Holdings Pty Limited that non-compliance with s 151C does not render proceedings a nullity and can be waived, and no ground was shown for doubting the primary judge's finding that waiver had occurred.

Court Disposition

Leave to appeal refused with costs.

Orders

  • ['Leave to appeal refused with costs.']