JOHNSON v IPEC TRANSPORT GROUP [1993] NSWCA 147

JOHNSON v IPEC TRANSPORT GROUP [1993] NSWCA 147

In the circumstances, having offered reconsideration to cure the procedural irregularity and no apprehension of bias being shown, the opportunity of reconsideration having been declined, the appeal should be dismissed.

Parties
Appellant: David Johnson; Respondent: IPEC Transport Group
Jurisdiction
Australia
Judgment Date
27 August 1993
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Opportunity to Address, Reconsideration of Award, Natural Justice in Court Procedures, Procedural Irregularity, Remitter, Duties of Legal Practitioners
Workers' Compensation Procedural Fairness Natural Justice Opportunity to Address Reconsideration of Award Natural Justice in Court Procedures Procedural Irregularity Remitter +1 more

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Parties

David Johnson

Appellant

IPEC Transport Group

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether failure by a judge to call on counsel for a worker before proceeding to judgment was a procedural irregularity requiring the setting aside of the judgment
  2. 2 Whether the facility for reconsideration prior to entry of final orders cures procedural unfairness
  3. 3 Whether declining the opportunity to accept reconsideration constitutes waiver of the right to relief

Ratio Decidendi

In the circumstances, having offered reconsideration to cure the procedural irregularity and no apprehension of bias being shown, the opportunity of reconsideration having been declined, the appeal should be dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.