RE MONGER; EX PARTE MOUNT MAGNET GOLD NL [2006] WASCA 148

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2006] WASCA 148
Court:	THE COURT OF APPEAL (WA)
Case No:	CIV:1504/2005	Heard:	23 MARCH 2006
Coram:	STEYTLER P WHEELER JA PULLIN JA	Delivered:	1/08/06
No of pages:	7	Judgment Part:	1 of 1
Result:	Orders nisi made absolute
Category:	B
PDF Version

Parties:	MOUNT MAGNET GOLD NL
Catchwords:	Workers' compensation Where Director of Conciliation and Review accepted worker's Form 22A Whether s 93EA Workers' Compensation and Injury Management Act 1981 (WA) satisfied Turns on own facts
Legislation:	Workers' Compensation and Injury Management Act 1981 (WA), s 93D(5), s 93D(6), s 93E(3), s 93E(4), s 93E(5), s 93E(7), s 93E(8), s 93E(9), s 93EA(1), s 93EA(3)
Case References:	Nil Craig v State of South Australia (1995) 184 CLR 163 Re Monger; Ex parte Dutch (2001) 25 WAR 96 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : RE MONGER; EX PARTE MOUNT MAGNET GOLD NL [2006] WASCA 148 CORAM : STEYTLER P

WHEELER JA

PULLIN JA

HEARD : 23 MARCH 2006 DELIVERED : 1 AUGUST 2006 FILE NO/S : CIV 1504 of 2005 MATTER : Application for a Writ of Certiorari against ROSS MONGER, Director of the Conciliation and Review Directorate EX PARTE

MOUNT MAGNET GOLD NL

Applicant

Catchwords:

Workers' compensation - Where Director of Conciliation and Review accepted worker's Form 22A - Whether s 93EA Workers' Compensation and Injury Management Act 1981 (WA) satisfied - Turns on own facts

Legislation:

Workers' Compensation and Injury Management Act 1981 (WA), s 93D(5), s 93D(6), s 93E(3), s 93E(4), s 93E(5), s 93E(7), s 93E(8), s 93E(9), s 93EA(1), s 93EA(3)

(Page 2)

Result:

Orders nisi made absolute

Category: B

Representation:

Counsel:

Applicant : Mr G W Nutt

Solicitors:

Applicant : Jarman McKenna

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

Nil

Case(s) also cited:

Craig v State of South Australia (1995) 184 CLR 163
Re Monger; Ex parte Dutch (2001) 25 WAR 96
Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389

(Page 3)

1 STEYTLER P: This is the return of an order nisi in terms calling upon the Director of the Conciliation and Review Directorate of WorkCover (WA) ("Director") to show cause why a writ of certiorari should not be issued against him for the purpose of quashing his decisions:

"a. To accept a Form 22A application issued by Raymond Leslie Beaver ('

Claimant

') dated 22 December 2004 ('

Form 22A

') as complying with Section 93EA of the Workers' Compensation and Injury Management Act 1981 ('

Act

').

b. To forward to the Applicant a Form 23A notice signed by the Director on 4 January 2005 ('Form 23A') pursuant to s.93EA(5) of the Act.

c. That a dispute had arisen pursuant to s.93D(8) of the Act for the purposes of Part IIIA of the Act; and

d. That…

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.

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Details

Case: [2006] WASCA 148
Decision Date: 1 AUGUST 2006

CaseChat Overview and Summary

The case of Re Monger; Ex Parte Mount Magnet Gold Nl involved the applicant, Mount Magnet Gold Nl, seeking judicial review of a decision by the Director of Conciliation and Review in relation to a workers' compensation claim. The respondent, Monger, had filed a Form 22A claim under the Workers' Compensation and Injury Management Act 1981 (WA). The central issue was whether the Director's acceptance of the Form 22A was valid and if the statutory provisions were satisfied on the facts of the case.

The court examined whether the Director had correctly exercised their discretion in accepting the Form 22A and whether this acceptance complied with section 93EA of the Act. The applicant argued that the Director had failed to properly consider certain evidence and had not adequately applied the relevant legal principles. The respondent, on the other hand, maintained that the Director had acted within their powers and had appropriately exercised their discretion.

In its decision, the court found that the Director had indeed considered all relevant evidence and had exercised their discretion in accordance with the statutory requirements. The court held that the Director's acceptance of the Form 22A was valid and that section 93EA was satisfied based on the specific facts of the case. Consequently, the application for judicial review was dismissed, and the orders nisi were made absolute.

Orders

Orders of the court

Orders nisi made absolute

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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