Re Monger; Ex parte Barminco Pty Ltd

This case concerned an application by Barminco Pty Ltd (the applicant) for a writ of certiorari against Ross Monger, the Director of the Conciliation & Review Directorate under the Workers' Compensation & Rehabilitation Act 1981 (WA) (the Director). The applicant sought to challenge the Director's decisions to accept an application by the worker, Peter MacPhilomey, under s 93D of the Act and to refer a dispute under Pt IIIA of the Act. The applicant argued that the Director was required to examine the medical evidence produced by the worker in support of the application and that the medical evidence did not comply with the requirements of the Act. The worker opposed the application and submitted that the Court should exercise its discretion to refuse relief on the basis of the applicant's delay, prejudice to him, and the availability of an alternative remedy. The Court considered the legal principles governing the exercise of discretion in cases of judicial review and found that, although the delay was lengthy, it was not undue and that the worker had not been significantly prejudiced by the delay. The Court also found that the availability of an alternative remedy was not a sufficient ground to refuse relief. The Court exercised its discretion to grant relief and ordered that the order nisi be made absolute and that a writ of certiorari be issued directing the Director to remove into this Court for the purpose of being quashed the decisions the subject of the order nisi.