Bahonko v Moorfields Community & Ors

[2007] HCATrans 281

[2007] HCATrans 281

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M137 of 2006

B e t w e e n -

STANISLAWA BAHONKO

Applicant

and

MOORFIELDS COMMUNITY

First Respondent

BODALLA AGED CARE SERVICES

Second Respondent

UNITING CHURCH OF AUSTRALIA

Third Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 14 JUNE 2007, AT 9.24 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant was employed by both the first and second respondents as a part time registered nurse.  She claimed to have been injured at work because of the abusive treatment of her employers, and sought workers' compensation.  Her claim was rejected by the Victorian WorkCover Authority.

The applicant sought orders in the County Court of Victoria for interim monetary payments in relation to her WorkCover claim.  Judge Coish refused this application without publishing written reasons.  The applicant sought leave to appeal to the Court of Appeal.  In that Court, Maxwell P and Eames JA refused leave and ruled that there was no power under the Accident Compensation Act 1985 (Vic) to order the WorkCover Authority to make interim payments to a person whose claim for compensation it had rejected.

The applicant's case before this Court raises no reason to doubt the conclusions of the Court of Appeal.  There would be no prospects of success on any appeal and special leave is refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.

I publish the disposition signed by Justice Heydon and myself.

AT 9.25 AM THE MATTER WAS CONCLUDED