INDUSTRIAL COURT OF QUEENSLAND
CITATION:
Kim v Workers’ Compensation Regulator [2019] ICQ 14
PARTIES:
INSUNG KIM
(appellant)
v
WORKERS’ COMPENSATION REGULATOR(respondent)
FILE NO:
C/2018/7
PROCEEDING:
Appeal
DELIVERED ON:
20 November 2019
HEARING DATE:
26 November 2018
MEMBER:
Martin J, President
ORDER:
The appeal is dismissed.
CATCHWORDS:
INDUSTRIAL LAW – QUEENSLAND – APPEALS – ADDITIONAL EVIDENCE – where the appellant seeks leave to adduce additional evidence in support of the appeal – where the evidence was obtained shortly after the hearing in the Queensland Industrial Relations Commission – where the appellant did not inform the Commission of the additional evidence or seek an adjournment – whether the additional evidence should be admitted on appeal – whether the evidence could not have been obtained with reasonable diligence for use at the Commission hearing
INDUSTRIAL LAW – QUEENSLAND – OTHER MATTERS – STRIKE OUT APPLICATION – where the respondent made an application to strike out the appellant’s application to appeal on the first day of the hearing in the Commission – where the respondent’s application was granted – where the appellant argues that the type of injury considered by the Commission in granting the respondent’s application was narrower than that contended for in the appellant’s statement of facts and contentions – where the appellant also contends that the Commission erred in summarily determining the appeal without hearing further evidence which was to be adduced at trial – whether the Commission erred in exercising the discretion to strike out the application to appeal – whether it was in the public interest to strike out the application to appeal
Industrial Relations Act 2016, s 531, s 541, s 545
Workers’ Compensation and Rehabilitation Act 2003, s 32
CASES:
Carlton v Simon Blackwood (Workers’ Compensation Regulator) [2015] ICQ 029, followed
Church v Simon Blackwood (Workers’ Compensation Regulator) (2015) 252 IR 461; [2015] ICQ 031, cited
Council of the City of Greater Wollongong v Cowan (1955) 93 CLR 435, cited
Gambaro v Workers’ Compensation Regulator [2017] ICQ 005, considered
House v The King (1936) 55 CLR 499, cited
Kim, Insung v Workers’ Compensation Regulator [2018] QIRC 048, related
Orr v Holmes & Anor (1948) 76 CLR 632, cited
Prange v Brisbane City Council [2012] ICQ 2, cited
Quaedvlieg & Ors v Boral Resources (Qld) Pty Ltd (2005) 180 QGIG 1209, cited
Quinlan v Rothwell [2002] 1 Qd R 647, cited
State of Queensland v Lockhart [2014] ICQ 006, cited
Yousif v Workers’ Compensation Regulator [2017] ICQ 004, cited
APPEARANCES:
R Green instructed by Park & Co Lawyers for the appellant
D Callaghan directly instructed by the respondent
Background
Mr Kim (the appellant) is a South Korean national. He arrived in Australia in July 2015 on a working…
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- AGLC
- Kim v Workers' Compensation Regulator [2019] ICQ 14
- Case
- [2019] ICQ 14
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
The appeal is dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.