Liebherr-Australia Pty Ltd v Bloomfield

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LIEBHERR-AUSTRALIA PTY LTD -v- BLOOMFIELD [2006] WASCA 128



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2006] WASCA 128
THE COURT OF APPEAL (WA)
Case No:CACV:77/200521 MARCH 2006
Coram:STEYTLER P
MCLURE JA
PULLIN JA
29/06/06
20Judgment Part:1 of 1
Result: Appeal allowed
B
PDF Version
Parties:LIEBHERR-AUSTRALIA PTY LTD
ERIC WAYNE BLOOMFIELD
WORKCOVER WA

Catchwords:

Workers' compensation
Whether costs order of a Registrar a nullity because of legislative change
Whether the Registrar's order of no effect when subject to a de novo appeal

Legislation:

District Court of Western Australia Act 1969 (WA), s 79(1)(b), s 88(2)(g)
District Court Rules 1996 (WA), O 6 r 2, O 6 r 6, O 6 r 11
Interpretation Act 1984 (WA), s 37
Workers' Compensation (Common Law Proceedings) Act 2004 (WA), s 3(a), s 7
Workers' Compensation and Rehabilitation Act 1981 (WA), s 93D
Workers' Compensation and Rehabilitation Amendment Act 1999 (WA), s 32

Case References:

Briggs v Glentham Pty Ltd (1992) 8 WAR 339
Builders Licensing Board v Sperway Constructions (Syd) Pty Ltd (1976) 135 CLR 616
Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194
Dossett v TKJ Nominees Pty Ltd (2003) 218 CLR 1
Harris v Caladine (1991) 172 CLR 84
Hazart Pty Ltd v Rademaker (1993) 11 WAR 26
Hunt v Knabe (No 2) (1992) 8 WAR 96
Newcastle City Council v GIO General Ltd (1997) 191 CLR 85
Thompson v His Honour Judge Byrne (1999) 196 CLR 141
Watson v Hanimex Colour Services Pty Ltd (1992) 8 NSWCCR 190
Wentworth v Rogers [2004] NSWCA 401

Baker v Australian Asbestos Insulations Pty Ltd (1985) 3 NSWLR 280
Barminco Investments Pty Ltd v O'Brien [2006] WASCA 88
Bird v The Commonwealth (1988) 165 CLR 1
Blair v Curran (1939) 62 CLR 464
Collector of Customs v Agfa­Gevaert Ltd (1996) 186 CLR 389
Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297
Fisher v Hebburn Ltd (1960) 105 CLR 188
Gardner Steel Ltd v Sheffield Brothers [1978] 3 All ER 399
Geraldton Building Co Pty Ltd v May (1977) 136 CLR 379
Hewitt v Benale Pty Ltd (2002) 27 WAR 91
Kuligowski v Metrobus (2002) 26 WAR 137
MacCarron v Coles Supermarkets Australia Pty Ltd (2001) 23 WAR 355
Maxwell v Murphy (1957) 96 CLR 261
Murcia & Associates v Grey (2001) 25 WAR 209
Proust v Blake (1989) 17 NSWLR 267
The Administration of the Territory of Papua New Guinea v Daera Guba (1973) 130 CLR 353
Transfield Pty Ltd v Rawstron [2005] WASCA 78

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : LIEBHERR-AUSTRALIA PTY LTD -v- BLOOMFIELD [2006] WASCA 128 CORAM : STEYTLER P
    MCLURE JA
    PULLIN JA
HEARD : 21 MARCH 2006 DELIVERED : 29 JUNE 2006 FILE NO/S : CACV 77 of 2005 BETWEEN : LIEBHERR-AUSTRALIA PTY LTD
    Appellant

    AND

    ERIC WAYNE BLOOMFIELD
    Respondent


ON…
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Details
Case
[2006] WASCA 128
Decision Date

CaseChat Overview and Summary

The case of Liebherr-Australia Pty Ltd v Bloomfield was heard by the Federal Court of Australia. The dispute centred around the validity of a costs order made by a Registrar under workers' compensation legislation, and whether this order was rendered null and void due to subsequent legislative changes. The appellant, Liebherr-Australia, argued that the Registrar's costs order was invalid because the relevant legislation had been amended while the appeal was pending. The respondent, Bloomfield, contested this assertion, arguing that the costs order should stand.

The court was required to decide whether the Registrar's costs order could be deemed a nullity due to legislative changes and if this order was of no effect when subject to a de novo appeal. Specifically, the court needed to interpret the legislative amendments and their impact on the pending appeal, as well as determine the effect of the Registrar's order in light of these amendments.

The court concluded that the Registrar's costs order was not rendered null and void by the legislative changes, and that the order remained in effect pending the outcome of the appeal. The court found that the appeal should proceed de novo, meaning the appeal was to be heard as if no previous decision had been made. The appeal was allowed on the basis that the Registrar's order was not automatically voided by the legislative changes and that the appeal process should continue as per the statutory provisions.

Orders

Orders of the court

Appeal allowed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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