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Phipps v Australian Leisure and Hospitality Group Ltd[2007] QCA 130

Reported at [2007] 2 Qd R 555

Phipps v Australian Leisure and Hospitality Group Ltd[2007] QCA 130

Reported at [2007] 2 Qd R 555
CITATION: Phipps v Australian Leisure and Hospitality Group Ltd [2007] QCA 130
JUDGE(S): Keane JA, Muir J, McMurdo J
DELIVERED ON: 20 April 2007
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Editorial Notes

  • Published Case Name:

    Phipps v Australian Leisure and Hospitality Group Ltd & Anor

  • Shortened Case Name:

    Phipps v Australian Leisure and Hospitality Group Ltd

  • Reported Citation:

    [2007] 2 Qd R 555

  • MNC:

    [2007] QCA 130

  • Court:

    QCA

  • Judge(s):

    Keane JA, Muir J, McMurdo J

  • Date:

    20 Apr 2007

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2006] QSC 32720 Oct 2006Application for eave pursuant to s 298 of the Workers Compensation and Rehabilitation Act to bring proceedings in relation to injuries allegedly sustained, despite non-compliance with the requirements of s 275 of the Act; the action is void and should be struck out: Dutney J.
Appeal Determined (QCA)[2007] QCA 130 [2007] 2 Qd R 55520 Apr 2007Appeal allowed and setting aside dismissal of the proceedings; primary judge struck out proceedings commenced inconsistently with Ch 5 Workers' Compensation and Rehabilitation Act; learned primary judge erred in failing to appreciate that there was a discretion to be exercised; the principal consideration relating to the noncompliance of the action with s 237(1) and s 250 is whether the infirmity in the appellant's title to sue is likely to be cured: Keane JA, Muir and P McMurdo JJ.

Appeal Status

Appeal Determined (QCA)

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