Mikkelsen v United Group Limited

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MIKKELSEN -v- UNITED GROUP LIMITED [2005] WADC 24
Last Update:  23/02/2005
MIKKELSEN -v- UNITED GROUP LIMITED [2005] WADC 24
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2005] WADC 24
Case No: CIV:1234/2003   Heard: 3 FEBRUARY 2005
Coram: PRINCIPAL REGISTRAR GETHING   Delivered: 18/02/2005
Location: PERTH   Supplementary Decision:
No of Pages: 11   Judgment Part: 1 of 1
Result: Plaintiff's action stayed
[Click here for Judgment in Adobe Acrobat Format ]
Parties: HENNING MIKKELSEN
UNITED GROUP LIMITED

Catchwords: Workers' compensation Stay of action pending degree of disability determination
Legislation: Workers' Compensation and Rehabilitation Act 1981

Case References: Adams v The Roman Catholic Archbishop of Perth [2002] WADC 28
Belcher v Austal Ships Pty Ltd [2002] WADC 259
Berg v Hamersley Iron Pty Ltd [2005] WADC 3
Christmas Island Resort Pty Ltd v Geraldton Building Co Pty Ltd (No 5) (1997) 18 WAR 334
Gardner Merchant (Australia) Pty Ltd v Herft [2001] WADC 136
Hastie v Iluka Midwest Ltd [2003] WADC 95
Hunt v Multiplex Constructions Pty Ltd [2000] WADC 175
Midgley v Murray River North Pty Ltd [2003] WADC 31
Robe River Mining Co Pty Ltd & Anor v Morseu [2004] WADC 142
Thomas v Arimco Mining Pty Ltd (2000) 24 SR (WA) 142
Wentworth v Attorney-General (NSW) (1984) 154 CLR
Western Metals Zinc NL v Wesfarmers Transport Ltd & Anor [2003] WASCA 152

Tringali v Stewardson Stubbs & Collett Pty Ltd (1966) 1 NSWR 354

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CIVIL
LOCATION : PERTH CITATION : MIKKELSEN -v- UNITED GROUP LIMITED [2005] WADC 24 CORAM : PRINCIPAL REGISTRAR GETHING HEARD : 3 FEBRUARY 2005 DELIVERED : 18 FEBRUARY 2005 FILE NO/S : CIV 1234 of 2003 BETWEEN : HENNING MIKKELSEN
                  Plaintiff

                  AND

                  UNITED GROUP LIMITED
                  Defendant



Catchwords:

Workers' compensation - Stay of action pending degree of disability determination


Legislation:

Workers' Compensation and Rehabilitation Act 1981


Result:

Plaintiff's action stayed


(Page 2)

Representation:

Counsel:


    Plaintiff : Mr G Droppert
    Defendant : Mr M M Gismondi


Solicitors:

    Plaintiff : Ilberys
    Defendant : Mullins Handcock


Case(s) referred to in judgment(s):

Adams v The Roman Catholic Archbishop of Perth [2002] WADC 28
Belcher v Austal Ships Pty Ltd [2002] WADC 259
Berg v Hamersley Iron Pty Ltd [2005] WADC 3
Christmas Island Resort Pty Ltd v Geraldton Building Co Pty Ltd (No 5) (1997) 18 WAR 334
Gardner Merchant (Australia) Pty Ltd v Herft [2001] WADC 136
Hastie v Iluka Midwest Ltd [2003] WADC 95
Hunt v Multiplex Constructions Pty Ltd [2000] WADC 175
Midgley v Murray River North Pty Ltd [2003] WADC 31
Robe River Mining Co Pty Ltd & Anor v Morseu [2004] WADC 142
Thomas v Arimco Mining Pty Ltd (2000) 24 SR (WA) 142
Wentworth v Attorney-General (NSW) (1984) 154 CLR
Western Metals Zinc NL v Wesfarmers Transport Ltd & Anor [2003] WASCA 152

Case(s) also cited:

Tringali v Stewardson Stubbs & Collett Pty Ltd (1966) 1 NSWR 354



(Page 3)

1 PRINCIPAL REGISTRAR GETHING: This is an application for the stay of an action in the…

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Details
Case
[2005] WADC 24
Decision Date

CaseChat Overview and Summary

The matter of Mikkelsen v United Group Limited involved a dispute between the plaintiff, Mikkelsen, and the defendant, United Group Limited, regarding a workers' compensation claim. Mikkelsen sought compensation for injuries sustained during the course of his employment. The Federal Circuit and Family Court of Australia was tasked with resolving the matter, specifically addressing the stay of Mikkelsen's action pending a determination of his degree of disability.

The legal issues before the court encompassed whether the court should grant a stay of the plaintiff's action, allowing for a determination of the plaintiff's degree of disability to be finalised by a workers' compensation tribunal. The court had to consider the appropriate procedural steps to be taken in light of the ongoing workers' compensation proceedings and the necessity to ensure that the plaintiff's claim was assessed comprehensively.

In delivering its decision, the court held that it was appropriate to stay the plaintiff's action pending the outcome of the workers' compensation tribunal's determination of the plaintiff's degree of disability. The court reasoned that such a stay would prevent any potential inconsistency between the tribunal's determination and the court's final decision. The court also noted the importance of ensuring that the plaintiff's claim was fully assessed by the relevant authorities before proceeding further in the court action.

Accordingly, the court ordered that the plaintiff's action be stayed pending the finalisation of the workers' compensation tribunal's determination of Mikkelsen's degree of disability. This decision was made to avoid any conflict or inconsistency in the legal proceedings and to ensure that Mikkelsen's claim was properly assessed.

Orders

Orders of the court

Plaintiff's action stayed

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

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Ratio Decidendi

Legal Principle Established

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