Brighton Und Refern Plaster Pty Limited v Boardman [2006] HCA 33

Brighton Und Refern Plaster Pty Limited v Boardman [2006] HCA 33

Non-compliance with s 151C(1) of the Workers Compensation Act 1987 (NSW) does not render proceedings a nullity; the statutory bar is procedural and may be waived or not enforced by the defendant, and the discretion to permit raising the defence out of time lies with the court according to ordinary procedural rules.

Parties
Appellant: Brighton Und Refern Plaster Pty Limited (Under External Administration and/or Controller Appointed); Respondent: Scott Raymond Boardman
Jurisdiction
Australia
Judgment Date
15 June 2006
Procedural Posture
Appeal / Final Appellate Decision
Outcome
appeal dismissed with costs
Legal Topics
Non Compliance With S 151 C Workers Compensation Act 1987 (nsw), Nullity of Proceedings, Waiver, District Court Procedural Rules
Workers' Compensation Statutory Construction Procedural Law Non Compliance With S 151 C Workers Compensation Act 1987 (nsw) Nullity of Proceedings Waiver District Court Procedural Rules

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Parties

Brighton Und Refern Plaster Pty Limited (Under External Administration and/or Controller Appointed)

Appellant

Scott Raymond Boardman

Respondent

Procedural Posture

Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether proceedings commenced without compliance with s 151C of the Workers Compensation Act 1987 (NSW) are invalid or a nullity
  2. 2 Whether procedural steps or orders are invalid or nullities when s 151C not complied with
  3. 3 Whether the concept of waiver is relevant or applicable

Ratio Decidendi

Non-compliance with s 151C(1) of the Workers Compensation Act 1987 (NSW) does not render proceedings a nullity; the statutory bar is procedural and may be waived or not enforced by the defendant, and the discretion to permit raising the defence out of time lies with the court according to ordinary procedural rules.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs