McLean v Power Coal [2001] NSWCC 121

No grounds have been established to rescind or reconsider the redemption order made on 19 March 2001; the applicant's consent was real and not vitiated, and a mere change of mind is insufficient.

Jurisdiction: Australia
Judgment Date: 30 May 2001
Procedural Posture: Notice of Motion for Rescission And/or Reconsideration / Post Redemption Application; Motion Following Earlier Order on 19 March 2001
Outcome: No grounds made out for rescission or reconsideration. Matter to be relisted for hearing before Judge Duck. Costs reserved.
Legal Topics: ['redemption of Entitlements' 'rescission or Reconsideration of Order' 'consent Vitiation' 'effect of Social Security Consequences' 'enforceability of Redemption Orders']

['workers Compensation'] ['redemption of Entitlements' 'rescission or Reconsideration of Order' 'consent Vitiation' 'effect of Social Security Consequences' 'enforceability of Redemption Orders']

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Procedural Posture

Notice of Motion for Rescission And/or Reconsideration / Post Redemption Application; Motion Following Earlier Order on 19 March 2001

Legal Issues

1 ['Whether there are grounds to rescind or reconsider the redemption order made on 19 March 2001' "Whether the applicant's consent to the redemption was vitiated by factual error, confusion, or medication" 'Whether either party has a post-order option to withdraw from a redemption under s 15']

Ratio Decidendi

No grounds have been established to rescind or reconsider the redemption order made on 19 March 2001; the applicant's consent was real and not vitiated, and a mere change of mind is insufficient.

Court Disposition

No grounds made out for rescission or reconsideration. Matter to be relisted for hearing before Judge Duck. Costs reserved.

Orders

['Matter relisted for hearing before Judge Duck on a date to be arranged by the registry.' 'Costs reserved.']