Cavar v Workers Compensation Commission [2019] NSWSC 1758

Cavar v Workers Compensation Commission [2019] NSWSC 1758

Leave to appeal was refused because the amended statement of claim disclosed no cause of action against the defendant named in the District Court proceedings and, even if the Workers Compensation Commission and iCare Insurance & Care NSW were treated as the relevant defendants, there was no allegation linking either of them to the 2012 Supreme Court proceedings or to any Centrelink settlement or payment. The Judicial Registrar therefore made no error in dismissing the proceedings under UCPR r 13.4(1)(b), and the appeal had no prospects of success.

Jurisdiction
Australia
Judgment Date
05 December 2019
Procedural Posture
Appeal From Orders of a Judicial Registrar of the District Court Dismissing Proceedings Under R 13.4(1)(b) of the Uniform Civil Procedure Rules 2005 (nsw) / Application for Leave to Appeal and Appeal Heard Concurrently; Amended Summons Dismissed
Outcome
Leave to appeal refused; amended summons dismissed; plaintiff ordered to pay costs of both defendants.
Legal Topics
['summary Dismissal' 'no Reasonable Cause of Action' 'leave to Appeal From Interlocutory Order' 'striking Out Pleadings']
['civil Procedure' 'appeals' 'workers Compensation'] ['summary Dismissal' 'no Reasonable Cause of Action' 'leave to Appeal From Interlocutory Order' 'striking Out Pleadings']

Case Brief

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Procedural Posture

Appeal From Orders of a Judicial Registrar of the District Court Dismissing Proceedings Under R 13.4(1)(b) of the Uniform Civil Procedure Rules 2005 (nsw) / Application for Leave to Appeal and Appeal Heard Concurrently; Amended Summons Dismissed

Legal Issues

  1. 1 ['Whether the Judicial Registrar of the District Court erred in dismissing the proceedings under r 13.4(1)(b) of the Uniform Civil Procedure Rules 2005 (NSW).' 'Whether the amended statement of claim disclosed a cause of action against the named defendant or against the Workers Compensation Commission or iCare Insurance & Care NSW.' 'Whether leave to appeal should be granted from an interlocutory order of a Judicial Registrar.']

Ratio Decidendi

Leave to appeal was refused because the amended statement of claim disclosed no cause of action against the defendant named in the District Court proceedings and, even if the Workers Compensation Commission and iCare Insurance & Care NSW were treated as the relevant defendants, there was no allegation linking either of them to the 2012 Supreme Court proceedings or to any Centrelink settlement or payment. The Judicial Registrar therefore made no error in dismissing the proceedings under UCPR r 13.4(1)(b), and the appeal had no prospects of success.

Court Disposition

Leave to appeal refused; amended summons dismissed; plaintiff ordered to pay costs of both defendants.

Orders

  • ['Leave to appeal be refused.' 'Amended summons filed on 26 July 2019 be dismissed.' 'Plaintiff pay costs of both defendants.']