Kathryn Hills v Pioneer Studios Pty Limited

[2014] HCASL 75

KATHRYN HILLS

v

PIONEER STUDIOS PTY LIMITED

[2014] HCASL 75
S310/2012

1. The applicant seeks special leave to appeal against orders of the Court of Appeal of the Supreme Court of New South Wales (Allsop P, Basten and Hoeben JJA). The Court of Appeal allowed an appeal by the present respondent (Pioneer Studios Pty Limited – "Pioneer") against orders made by the Workers Compensation Commission (Deputy President Roche) in consequence of the Commission finding that injuries the appellant suffered fell within the meaning of ss 4, 9 and 9A of the Workers Compensation Act 1987 (NSW). The Court of Appeal ordered that the matter be remitted to the Commission for consideration according to law.

2. Because the reasons of the Court of Appeal and the parties' written submissions in this Court referred to this Court's decision in Hatzimanolis v ANI Corporation Ltd[1], further consideration of the application was deferred until the hearing and determination of Comcare v PVYW[2].  The parties have since made supplementary submissions.

   [1](1992) 173 CLR 473; [1992] HCA 21.

   [2](2013) 88 ALJR 1; 303 ALR 1; [2013] HCA 41.

3. No reason is shown to doubt the correctness of the conclusion of the Court of Appeal.  An appeal to this Court would not enjoy sufficient prospects of success to warrant a grant of special leave.

4. Pursuant to r 41.11.1 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

K.M. Hayne
2 April 2014 S.M. Crennan