KHAN v POLYZOIS (NO 2) [2006] NSWCA 225

KHAN v POLYZOIS (NO 2) [2006] NSWCA 225

The respondent's motion was dismissed because (1) the matter was expressly conducted and determined on the agreed basis that s151Z(1) did not apply, confirmed by transcript; and (2) on the facts, s151Z(1) was inapplicable as the doctor's liability for failure to treat was not 'in respect of the same injury' as the original workplace injury for compensation purposes.

Parties
Appellant: Hamid KHAN; Respondent: John POLYZOIS
Jurisdiction
Australia
Judgment Date
14 August 2006
Procedural Posture
Appeal / Post Judgment Motion
Outcome
Motion dismissed with costs.
Legal Topics
Variation of Judgments, Slip Rule, Workers Compensation Reduction, Double Compensation
Civil Procedure Variation of Judgments Slip Rule Workers Compensation Reduction Double Compensation

Case Brief

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Parties

Hamid KHAN

Appellant

John POLYZOIS

Respondent

Procedural Posture

Appeal / Post Judgment Motion

Legal Issues

  1. 1 Whether the Court can vary or set aside final orders under the slip rule or other principle after judgment was entered when parties conducted appeal on agreed basis that s151Z(1) of the Workers Compensation Act 1987 would not apply
  2. 2 Whether s151Z(1) of the Workers Compensation Act 1987 applied to require a reduction or other adjustment in the verdict

Ratio Decidendi

The respondent's motion was dismissed because (1) the matter was expressly conducted and determined on the agreed basis that s151Z(1) did not apply, confirmed by transcript; and (2) on the facts, s151Z(1) was inapplicable as the doctor's liability for failure to treat was not 'in respect of the same injury' as the original workplace injury for compensation purposes.

Court Disposition

Motion dismissed with costs.

Orders

  • Motion dismissed with costs.