Bloomfield v Liebherr-Australia Pty Ltd

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JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION:   PERTH

CITATION:   BLOOMFIELD -v- LIEBHERR-AUSTRALIA PTY LTD [2005] WADC 113

CORAM:   COMMISSIONER SCHOOMBEE

HEARD:   2 MAY 2005

DELIVERED          :   16 JUNE 2005

FILE NO/S:   CIVO 174 of 2004

MATTER                :IN THE MATTER of an application by Eric Wayne Bloomfield for leave to commence action against Liebherr-Australia Pty Ltd in the matter of s 93D(4) and (5)(c) of the Workers' Compensation and Rehabilitation Act 1981 (as amended)

BETWEEN:   ERIC WAYNE BLOOMFIELD

Plaintiff

AND

LIEBHERR-AUSTRALIA PTY LTD
Defendant

Catchwords:

Review of taxation - O 66 r 5 of the Rules of the Supreme Court - Jurisdiction to set aside certificate of taxation - Incidental jurisdiction of District Court - Workers' Compensation (Common Law Proceedings) Act 2004, s 7 - Construction of "former provisions matters" - Appeal from Registrar's refusal to grant leave to commence common law proceedings to Judge in chambers - Whether former provisions matter - Construction of "determined" - Whether application for leave to proceed with common law proceedings "determined" - Whether a nullity - Whether costs order made deemed to be no order as to costs - Certificate of taxation signed by Registrar without jurisdiction

Legislation:

District Court of Western Australia Act 1969, s 6, s 55

Interpretation Act 1984, s 37(2)
Workers' Compensation and Rehabilitation Act 1981
Workers' Compensation and Rehabilitation Amendment Act 1999
Workers' Compensation (Common Law Proceedings) Act 2004, s 5, s 7(1), s 7(3)

Rules of the Supreme Court (1971), O 66 r 55(1), O 66 r 55(2)

Result:

Review of certificate of taxation allowed
Certificate set aside

Representation:

Counsel:

Plaintiff:     Mr M E Herron

Defendant:     Mr M J Civitella

Solicitors:

Plaintiff:     Chris Phillips

Defendant:     Crisp Civitella Smith

Case(s) referred to in judgment(s):

Australian Coal and Shale Employees' Federation v The Commonwealth (1953) 94 CLR 621

Bird v The Commonwealth (1988) 165 CLR 1

Briggs v Glentham Pty Ltd (1992) 8 WAR 339

Bull v Attorney‑General for New South Wales (1913) 17 CLR 370

Commonwealth v Hospital Contribution Fund of Australia (1982) 150 CLR 49

Dossett v TKJ Nominees Pty Ltd (2003) 202 ALR 428

Grassby v R (1989) 168 CLR 1

Harris v Caladine (1991) 172 CLR 84

Hazart Pty Ltd v Rademaker (1993) 11 WAR 26

Hewitt v Lewis [1986] 1 WLR 444

Hunt v Knabe (No 2) (1992) 8 WAR 96

Maccarron v Coles Supermarkets Australia Pty Ltd t/as Coles Supermarkets & Ors [2001] WASCA 61

Mossensons (A Firm) v Coastline Associates, unreported; FCt SCt of WA; Library No 970661; 2 December 1997

Murcia & Associates (a firm) v Grey and Ors (2001) 25 WAR 209

Pelechowski v Registrar, Court of Appeal (1999) 198 CLR 435

Re Monger; Ex parte United Construction Pty Ltd [2002] WASCA 253

Schweppes' Ltd v Archer (1934) 34 SR (NSW) 178

Thorne v Thorne (1979) 1 WLR 659

Transfield Pty Ltd v Rawstron [2005] WASCA 78

Case(s) also cited:

Farmer v AOC Australia Pty Ltd [2002] WASCA 340

Henderson v WMC…

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Details
Case
[2005] WADC 113
Decision Date

CaseChat Overview and Summary

In the District Court of New South Wales, the case of Bloomfield v Liebherr-Australia Pty Ltd involved a dispute regarding the jurisdiction of the court to set aside a certificate of taxation. The plaintiff sought to commence common law proceedings for workers' compensation against the defendant. The Registrar had refused the plaintiff's application for leave to proceed with the common law action, leading to an appeal against this decision. The central legal issues the court had to address were whether the District Court had the incidental jurisdiction to set aside the certificate of taxation, and if the application for leave to proceed was a "former provisions matter" under the Workers' Compensation (Common Law Proceedings) Act 2004.

The court examined the statutory framework and found that the Workers' Compensation (Common Law Proceedings) Act 2004 did not provide the District Court with the jurisdiction to set aside a certificate of taxation. It was determined that the application for leave to proceed with common law proceedings was not a "former provisions matter" as it related to a new application rather than a continuation of an existing proceeding. Consequently, the Registrar's refusal to grant leave did not constitute a "determination" of the application under the Act. The court further held that the Registrar's signing of the certificate of taxation without jurisdiction rendered the certificate a nullity, and the costs order made was deemed to be no order as to costs.

Ultimately, the court allowed the appeal, set aside the certificate of taxation, and remitted the matter to the Registrar to consider the application for leave to proceed with the common law action. The District Court's decision clarified the jurisdictional limits regarding the setting aside of certificates of taxation and the interpretation of "former provisions matters" under the relevant legislation.

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