Wang v Botany View Hotel [2009] NSWCA 384

Wang v Botany View Hotel [2009] NSWCA 384

No error of law was established by the applicant in the Workers Compensation Commission’s refusal to reconsider its earlier determination; repetitive arguments and absence of new evidence do not justify reconsideration or leave to appeal.

Parties
Applicant: Yun Fu Wang; Respondent: Botany View Hotel
Jurisdiction
Australia
Judgment Date
18 November 2009
Procedural Posture
Appeal / Application for Leave to Appeal to Court of Appeal
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
Leave to Appeal, Reconsideration of Decision, Absence of Error of Law
Workers Compensation Leave to Appeal Reconsideration of Decision Absence of Error of Law

Case Brief

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Parties

Yun Fu Wang

Applicant

Botany View Hotel

Respondent

Procedural Posture

Appeal / Application for Leave to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the Workers Compensation Commission erred in refusing to reconsider its previous decision
  2. 2 Whether any point of law was identified justifying a grant of leave to appeal

Ratio Decidendi

No error of law was established by the applicant in the Workers Compensation Commission’s refusal to reconsider its earlier determination; repetitive arguments and absence of new evidence do not justify reconsideration or leave to appeal.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • Application for leave to appeal refused with costs