Re Monger; Ex parte WMC Resources Ltd

Case [2002] WASCA 129


RE MONGER; EX PARTE WMC RESOURCES LTD & ANOR [2002] WASCA 129



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 129
THE FULL COURT (WA)
Case No:CIV:1798/200024 OCTOBER 2001 & 25 MARCH 2002
Coram:MURRAY J
ANDERSON J
SCOTT J
16/05/02
35Judgment Part:1 of 1
Result: CIV 1798 of 2000, Order nisi for certiorari granted, Order nisi for prohibition refused, CIV 2207 of 2001, Leave to appeal on grounds contained in draft notice of appeal granted, CIV 2280 of 2001, Order nisi for certiorari granted, Order nisi for prohibition refused, CIV 2281 of 2001, Order nisi for certiorari granted
A
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Parties:WMC RESOURCES LTD
HILL 50 GOLD NL
RUSSELL SMITH t/as SIMPLY HEALTHY
BERNADETTE FRUIN
COOKS CONSTRUCTION PTY LTD
CITY OF SOUTH PERTH
DANIEL MARTIN TORRIJOS

Catchwords:

Workers' compensation
Dutch's case
Decision by Director of Conciliation & Review to refer dispute to review officer
Facts conditioning Director's jurisdiction
Medical evidence supporting medical opinion as to relevant level of disability
Improper referral
Medical evidence insufficient
Effect on jurisdiction of review officer
Validity of determination by review officer
Administrative law
Prerogative writs
Orders absolute in the first instance
Decision of Director of Conciliation & Review to refer dispute to review officer
Whether "adjudicative"
Whether amenable to prerogative writ
Practice and procedure
Orders nisi for writs of certiorari
Time for application
Proceedings of "inferior court or tribunal"
Director of Conciliation & Review appointed under Workers' Compensation and Rehabilitation Act 1981
Whether Director a "tribunal"
Applicability of time limitation

Legislation:

Rules of the Supreme Court, O 3 r 5, O 56 r 11
Workers' Compensation & Rehabilitation Act 1981 (WA), s 84I, s 84ZD, s 84ZW, s 84ZN, s 93D, s 93E
Workers' Compensation & Rehabilitation Regulations 1982, reg 19J(1)(a)

Case References:

Craig v South Australia (1995) 184 CLR 163
Ex parte Savage and Savage [1989] WAR 46
Gallo v Dawson (1990) 64 ALJR 458
Hot Holdings Pty Ltd v Creasy (1996) 185 CLR 149
R v Electricity Commissioners; Ex parte London Electricity Joint Committee Co [1924] 1 KB 171
Re Commonwealth of Australia; Ex parte Marks (2000) 75 ALJR 470
Re Monger; Ex parte Dutch [2001] WASCA 220; 30 July 2001
Re Monger; Ex parte Ivey [1999] WASC 250
Re Monger; ex parte Western Power Corporation [2000] WASC 271
Re Monger; Ex parte Western Power Corporation [2000] WASC 271; 9 November 2000
Re Smith; Ex parte Rundle (1991) 5 WAR 295
Thorp v City of Wanneroo, unreported; Compensation Magistrate's Court (Packington CM); 31 July 2000

Ainsworth v Criminal Justice Commission (1992) 175 CLR 564
Attorney-General (NSW) v Quin (1990) 170 CLR 1
Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135
Darling Casino v NSW Casino Control Authority (1997) 191 CLR 602
Deputy Commissioner of Taxation v Richard Walter Pty Ltd (1995) 183 CLR 168
Ex Parte Thomas; re Arnold [1966] 2 NSWLR 197
Federated Engine Drivers' & Firemen's Association of…

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AGLC
Re Monger; Ex parte WMC Resources Ltd [2002] WASCA 129
Case
[2002] WASCA 129
Decision Date

CaseChat Overview and Summary

In the case of Re Monger; Ex parte WMC Resources Ltd, the dispute arose from the decision by the Director of Conciliation & Review under the Workers Compensation and Rehabilitation Act 1981 (Vic) to refer a workers' compensation claim to a review officer. The parties involved were WMC Resources Ltd, the employer, and the injured worker, whose identity is anonymised as Monger. The employer contested the Director's decision to refer the dispute to a review officer, arguing it was improper and not supported by sufficient medical evidence.

The primary legal issue before the court was whether the Director's decision to refer the dispute was "adjudicative" and thus amenable to prerogative writs. Additionally, the court needed to determine the validity of the review officer's determination given the alleged improper referral and the sufficiency of medical evidence. The employer also sought to challenge the timeliness of the Director's decision, arguing that it was outside the statutory time limit.

The court held that the Director's decision to refer the dispute was indeed "adjudicative" and therefore subject to judicial review through prerogative writs. However, the court found that the referral was improper due to insufficient medical evidence supporting the level of disability claimed. This insufficiency rendered the review officer's determination invalid. The court further determined that the Director of Conciliation & Review was not a "tribunal" within the meaning of the statutory time limitation provisions. Consequently, the court issued orders for certiorari to quash the Director's decision, but denied the application for prohibition. The court also granted leave to appeal on specific grounds and provided orders for certiorari in subsequent proceedings.

Orders

Orders of the court

CIV 1798 of 2000, Order nisi for certiorari granted, Order nisi for prohibition refused, CIV 2207 of 2001, Leave to appeal on grounds contained in draft notice of appeal granted, CIV 2280 of 2001, Order nisi for certiorari granted, Order nisi for prohibition refused, CIV 2281 of 2001, Order nisi for certiorari granted

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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