Brighton Und Refern Plaster Pty Ltd v Boardman

Brighton Und Refern Plaster Pty Ltd appealed to the New South Wales Court of Appeal against a decision concerning proceedings brought under the *Workers Compensation Act 1987* (NSW). The dispute arose from an application for leave to appeal a primary decision that had apparently dealt with the validity of proceedings commenced by the respondent, Mr. Boardman, earlier than the six-month waiting period stipulated by section 151C of the Act.

The central legal issue before the Court of Appeal was whether proceedings commenced in contravention of section 151C of the *Workers Compensation Act 1987* were a nullity, and consequently, whether such non-compliance was capable of waiver. The appellant sought leave to appeal a decision that had presumably found the proceedings to be valid or capable of being validated.

The Court of Appeal, in refusing leave to appeal, relied heavily on the recent decision of *Gordon v Berowra Holdings Pty Ltd* (2005) NSWCA 27. The Court found that it was not sufficiently arguable that the decision in *Gordon* was erroneous, indicating that the principles established in that case regarding the effect of non-compliance with section 151C and the possibility of waiver were binding and applicable.

Leave to appeal was refused with costs.