Dariverenli v South Eastern Sydney Local Health District [2019] NSWCA 129

Dariverenli v South Eastern Sydney Local Health District [2019] NSWCA 129

Leave to appeal was refused because both challenged decisions were discretionary procedural rulings, the Applicant identified no error of principle, no question of principle or public importance arose, and reg 44 of the Workers Compensation Regulations 2016 (NSW) did not operate on the facts to preclude the medical examination order.

Jurisdiction
Australia
Judgment Date
31 May 2019
Procedural Posture
Application for Leave to Appeal From Interlocutory Decisions of Practice and Procedure / On the Papers
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['leave to Appeal' 'practice and Procedure' 'separate Question' 'issue Estoppel' 'medical Examination' 'discretionary Procedural Rulings']
['appeals' 'civil Procedure' 'workers Compensation' 'personal Injury'] ['leave to Appeal' 'practice and Procedure' 'separate Question' 'issue Estoppel' 'medical Examination' 'discretionary Procedural Rulings']

Case Brief

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Procedural Posture

Application for Leave to Appeal From Interlocutory Decisions of Practice and Procedure / On the Papers

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the primary judge's refusal to sever the trial by ordering a separate preliminary issue as to whether an issue estoppel arose from the 2015 arbitration award." "Whether leave to appeal should be granted from the primary judge's order that the Applicant attend a medical examination." 'Whether reg 44 of the Workers Compensation Regulations 2016 (NSW) precluded or stood in the way of the order requiring the Applicant to attend a further medical appointment.']

Ratio Decidendi

Leave to appeal was refused because both challenged decisions were discretionary procedural rulings, the Applicant identified no error of principle, no question of principle or public importance arose, and reg 44 of the Workers Compensation Regulations 2016 (NSW) did not operate on the facts to preclude the medical examination order.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['Application for leave to appeal dismissed with costs.']