Kelly v WorkCover Queensland

[2000] QCA 363

[2000] QCA 363

COURT OF APPEAL

PINCUS JA
MUIR J
JONES J

Appeal Nos S10547 of 1999
            2539 of 2000

STEVEN RAYMOND KELLY  Appellant

and

WORKCOVER QUEENSLAND  Respondent

BRISBANE

..DATE 08/09/2000

JUDGMENT

PINCUS JA:  This is an appeal against a decision of
Atkinson J.  As I mentioned in the reasons given on a procedural question a little while ago, her Honour had before her an application for review of a decision of WorkCover on 28 October 1999, not to process a notice of claim for damages.

The issue which was raised before the learned primary Judge had to do with section 253(1)(c) of the WorkCover Queensland Act 1996 and the argument there advanced and advanced here, was, in essence, that s.253(1)(c) should be confined to instances in which an application for compensation has been lodged and allowed.

That was the contention which was rejected by the learned primary Judge.  I should add that before her Honour it was common ground that an application for compensation had been lodged.  It appears that it is no longer common ground, but for the reasons given earlier, we do not propose to consider that issue.

Subject to that reservation, I express the opinion that the reasons which were given by the learned primary Judge for rejection of the argument are correct.  I would therefore dismiss the appeal with costs.

MUIR J:  I agree with the reasons of the presiding Judge and with the order proposed.

JONES J:  And I agree.

PINCUS JA:  That will be the order.

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