Phipps v Australian Leisure and Hospitality Group Ltd
[2007] QCA 130
To print this judgment please return to the case and click on the PDF icon
next to the
case name. For court use, a full PDF copy is required or preferred.
Please Note: You are about to print a copy of the onscreen
version of
this judgment. For court use, a full PDF copy of the judgment is required or preferred. Please
return to
the case for PDF printing options.
Application 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 555
20 Apr 2007
Appeal 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)
Please select (using the checkboxes) which search results you would like to add to a list.