Peninsula Cranes & Rigging Pty Ltd v McGregor and Simon Blackwood (Workers' Compensation Regulator)
[2014] QIRC 58
•25 March 2014
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Peninsula Cranes & Rigging Pty Ltd v McGregor and Simon Blackwood (Workers' Compensation Regulator) [2014] QIRC 058 |
PARTIES: | Peninsula Cranes & Rigging Pty Ltd v McGregor, Rowan and Simon Blackwood (Workers' Compensation Regulator) |
CASE NO: | WC/2014/86 |
PROCEEDING: | Application by Peninsula Cranes & Rigging Pty Ltd for leave to appear and be heard in WC/2013/330 |
DELIVERED ON: | 25 March 2014 |
HEARING DATE: | 21 March 2014 |
MEMBER: | Deputy President Kaufman |
ORDERS : | 1. That this application be heard as an application in the Appeal matter number WC/2013/330. 2. The Applicant is granted leave to be represented by solicitors and counsel both in this application, and the substantive proceedings. 3. The Applicant is granted leave to appear and be heard at the hearing of Rowan McGregor v Simon Blackwood (Workers' Compensation Regulator) (WC/2013/330). |
| CATCHWORDS: | WORKERS' COMPENSATION - POWER TO GRANT LEAVE TO APPEAR AND BE HEARD - leave granted |
| CASES: | Industrial Relations Act (1999) s 320, s 329 |
| APPEARANCES: | Mr A.F Messina, Counsel, instructed by Warlow Scott Lawyers for the Applicant Mr A Taylor, of North Coast Law for the First Respondent Mr S.E Sapsford, Counsel, directly instructed by Simon Blackwood (Workers' Compensation Regulator) for the Second Respondent |
Report on Decision (as edited)
In giving his decision from the Bench on 21 March 2014, Deputy President Kaufman stated:
"…I am satisfied that I ought exercise my discretion to allow Peninsula Cranes & Rigging Proprietary Limited to be heard. It is a somewhat unusual application, I gather, in that it's a question of who is the putative employer, either Peninsula or Mr McGregor. Peninsula' interests are obviously impacted, for the reasons given by Mr Messina. The other elements to which I need have regard in exercising my discretion appear to me to have been met. I don't consider there to have been a delay such as would militate against the exercise of my discretion. It would appear that the nature of the evidence to be led and the number of witnesses will not be particularly impacted by the exercise of my discretion in relation of Peninsula.
Its interests are, as I've said, obviously impacted and it's unlikely that, by allowing this application, the proceeding will be delayed. Accordingly, I will order that Peninsula be granted leave to be heard at the hearing, and I further order that the parties are to provide a draft set of directions which will then be formalised into an order."
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