InterTAN Australia Limited (T/A Tandy Electronics v Davidson

InterTAN Australia Limited (trading as Tandy Electronics) appealed to the Court of Appeal against an order made by the Compensation Court of New South Wales for a new trial. The appeal concerned an alleged denial of procedural fairness.

The primary legal issue before the Court of Appeal was whether leave to appeal was required from the interlocutory order of the Compensation Court for a new trial, given the nature of the appeal as being on a point of law.

The Court of Appeal held that an order for a new trial constituted an interlocutory order. Consequently, pursuant to section 101(2) of the Workers Compensation Act 1987 (NSW), leave to appeal was required to bring an appeal to the Court of Appeal on a point of law from such an order. As no leave had been sought or granted, the appeal was incompetent.

Accordingly, the appeal was struck out.