Rewitu Pty Ltd v The Registrar of the WCC & Anor [2007] NSWSC 441

Applying the provisions of r 19 of the Workers Compensation Commission Rules and s 36 of the Interpretation Act 1987 (NSW), the 28-day appeal period began the day after service of the medical assessment certificate, making the appeal timely. The Delegate erred by not allowing for service time in calculating the appeal period, resulting in an error in law, and the decision must be set aside.

Parties: Plaintiff: Rewitu Pty Limited; First Defendant: Registrar of the Workers Compensation Commission of New South Wales; Second Defendant: Anthony Harvey
Jurisdiction: Australia
Judgment Date: 07 May 2007
Procedural Posture: Judicial Review / Final Judgment
Legal Topics: Calculation of Time Period to Lodge an Appeal, Prerogative Relief, Interpretation of Statutory Time Limits

Administrative Law Workers Compensation Calculation of Time Period to Lodge an Appeal Prerogative Relief Interpretation of Statutory Time Limits

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2

Parties

Rewitu Pty Limited

Plaintiff

Registrar of the Workers Compensation Commission of New South Wales

First Defendant

Anthony Harvey

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Was the appeal lodged within the statutory 28-day period under s 327(5) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW)?
2 How should the 28-day period for appeal be calculated, considering the Workers Compensation Commission Rules and Interpretation Act 1987 (NSW)?
3 Did the Delegate err in law and fact regarding the calculation of the appeal period?