MacNaught Pty Ltd v Trpcevski - [2003] NSWCA 127

CITATION: MacNaught Pty Ltd v Trpcevski [2003] NSWCA 127

HEARING DATE(S): 16 May 2003

JUDGMENT DATE:
16 May 2003

JUDGMENT OF: Meagher JA at 1; Tobias JA at 2

DECISION: 1. Leave to appeal refused; 2. Summons for leave dismissed; 3. No orders as to the costs of the summons.

CATCHWORDS: Application for leave to appeal - s151C Workers Compensation Act - applicant sought to have proceedings dismissed on the basis of failure to disclose a reasonable cause of action - leave refused - ND

LEGISLATION CITED: Workers Compensation Act

CASES CITED: Sydney Ports Corporation v Collins [2003] NSWCA 28
National Direct Imaging Pty Limited v Lamy [2003] NSW

PARTIES :
MacNaught Pty Ltd (Appellant)
Robert Trpcevski (Respondent)

FILE NUMBER(S): CA 40831/02

COUNSEL: A - H N Kelly
R - A Canceri

SOLICITORS: A - A O Ellison & Co
R - Fegent & Co

LOWER COURTJURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 12203/01

LOWER COURT
JUDICIAL OFFICER : Gamble ADCJ

CA 40831/02

MEAGHER JA
TOBIAS JA
16 May 2003

MacNAUGHT PTY LTD v ROBERT TRPCEVSKI

Judgment

1 MEAGHER JA: I agree. The orders proposed by Tobias JA will be the orders of the Court

2 TOBIAS JA: In this matter Gamble ADCJ on 13 September 2002 dismissed a notice of motion filed on 24 February 2002 whereby the applicant/defendant applied to the District Court to have the proceedings commenced by the respondent/plaintiff on 21 November 2001 dismissed as being in contravention of s 151C (1) of the Workers Compensation Act 1987 (“the Act”).

3 The application was made pursuant to Pt 11A r 3 of the District Court Rules (the Rules) on the basis that the statement of claim failed to disclose a reasonable cause of action.

4 At the time of her Honour’s decision there was a difference of view expressed in a number of District Court cases as to whether or not s 151C (2)(b) of the Act could be satisfied in circumstances where the worker/plaintiff had received his or her statutory entitlements. Because of the difference of opinion between the judges of the District Court her Honour decided that it would not be appropriate on what was in effect a strike-out application to resolve that issue by adding the weight of her opinion to one side of the argument or the other.

5 The defendant seeks leave from this Court to appeal that decision upon the basis that since her Honour’s decision this Court has delivered its judgment in Sydney Ports Corporation v Collins and National Direct Imaging Pty Limited v Lamy on 20 February 2003 whereby it unanimously determined that the payment of statutory entitlements was not sufficient to enable a worker/plaintiff to call in aid s 151C (2) of the Act as it then stood.

6 There are two aspects of the matter that require consideration. The first is that we are informed that an application for special leave to the High Court has been lodged in the matter of National Direct Imaging Pty…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read MacNaught Pty Ltd v Trpcevski and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2003] NSWCA 127
Decision Date: 16 May 2003

CaseChat Overview and Summary

MacNaught Pty Ltd (the applicant) sought leave to appeal from a decision of the District Court of New South Wales. The applicant had applied to the District Court to have proceedings dismissed on the grounds that they failed to disclose a reasonable cause of action. The District Court refused this application, and the applicant then sought leave to appeal that refusal to the Court of Appeal.

The central legal issue before the Court of Appeal was whether the District Court had erred in refusing to dismiss the proceedings for failing to disclose a reasonable cause of action. This required the Court of Appeal to consider the threshold for disclosing a reasonable cause of action in the context of proceedings brought under section 151C of the *Workers Compensation Act*.

The Court of Appeal, comprising Meagher and Tobias JJA, refused leave to appeal. While the specific reasoning is not detailed in the provided text, the refusal indicates that the Court found no arguable error in the District Court's decision. The legal principle applied would have been the standard for granting leave to appeal, which generally requires demonstrating an arguable error of law or fact in the lower court's decision. In this instance, the applicant failed to meet that threshold.

Consequently, leave to appeal was refused, and the summons for leave to appeal was dismissed. No orders were made as to the costs of the summons for leave to appeal.

Orders

Orders of the court

1. Leave to appeal refused; 2. Summons for leave dismissed; 3. No orders as to the costs of the summons.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	MacNaught Pty Ltd v Trpcevski [2003] NSWCA 127
HEARING DATE(S):	16 May 2003
JUDGMENT DATE:	16 May 2003
JUDGMENT OF:	Meagher JA at 1; Tobias JA at 2
DECISION:	1. Leave to appeal refused; 2. Summons for leave dismissed; 3. No orders as to the costs of the summons.
CATCHWORDS:	Application for leave to appeal - s151C Workers Compensation Act - applicant sought to have proceedings dismissed on the basis of failure to disclose a reasonable cause of action - leave refused - ND
LEGISLATION CITED:	Workers Compensation Act
CASES CITED:	Sydney Ports Corporation v Collins [2003] NSWCA 28 National Direct Imaging Pty Limited v Lamy [2003] NSW
PARTIES :	MacNaught Pty Ltd (Appellant) Robert Trpcevski (Respondent)
FILE NUMBER(S):	CA 40831/02
COUNSEL:	A - H N Kelly R - A Canceri
SOLICITORS:	A - A O Ellison & Co R - Fegent & Co

LOWER COURTJURISDICTION:	District Court
LOWER COURT FILE NUMBER(S):	12203/01
LOWER COURT JUDICIAL OFFICER :	Gamble ADCJ