Hicks v Shane & Gary Burton Pty Ltd and ors [2002] NSWCC 65

Hicks v Shane & Gary Burton Pty Ltd and ors [2002] NSWCC 65

Clause 77 of the Workers Compensation (General) Regulation 1995 contemplates that a corporation which has ceased to exist may be named as a respondent and dispenses with service on it; despite the WorkCover Authority's submissions, the specific regulation is valid and implicitly validates the joinder, so the proceedings as currently constituted can continue.

Jurisdiction
Australia
Judgment Date
28 November 2002
Procedural Posture
Workers Compensation Proceedings / Ex Tempore Judgment on Whether Proceedings as Constituted Could Continue After Joinder of a De Registered Company
Outcome
The submission that the proceedings as currently constituted cannot continue was rejected.
Legal Topics
['uninsured Liability and Indemnity Scheme' 'joinder of De Registered Company' 'service of Application' 'work Cover Authority' 'validity of Regulation']
['workers Compensation' 'civil Procedure' 'corporations'] ['uninsured Liability and Indemnity Scheme' 'joinder of De Registered Company' 'service of Application' 'work Cover Authority' 'validity of Regulation']

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Procedural Posture

Workers Compensation Proceedings / Ex Tempore Judgment on Whether Proceedings as Constituted Could Continue After Joinder of a De Registered Company

Legal Issues

  1. 1 ['Whether proceedings could continue where a respondent employer corporation had been de-registered before joinder.' 'Whether cl 77 of the Workers Compensation (General) Regulation 1995 dispensed with service on, and implicitly validated joinder of, a corporation which had ceased to exist.' 'Whether cl 77 was ultra vires because of inconsistency with the Corporations Code.']

Ratio Decidendi

Clause 77 of the Workers Compensation (General) Regulation 1995 contemplates that a corporation which has ceased to exist may be named as a respondent and dispenses with service on it; despite the WorkCover Authority's submissions, the specific regulation is valid and implicitly validates the joinder, so the proceedings as currently constituted can continue.

Court Disposition

The submission that the proceedings as currently constituted cannot continue was rejected.

Orders

  • ['The submission that the proceedings as currently constituted cannot continue is rejected.']