Rosaria Kezic v st john of god health care inc

[2015] HCASL 236

ROSARIA KEZIC

v

ST JOHN OF GOD HEALTH CARE INC

[2015] HCASL 236
P40/2015; P41/2015

1. The applicant made workers' compensation claims against her employer, the respondent. In accordance with s 176 of the Workers' Compensation and Injury Management Act 1981 (WA), disputes about aspects of those claims were determined by arbitrators. By these special leave applications, the applicant seeks principally to challenge two decisions of such an arbitrator. First, the applicant seeks to challenge the arbitrator's decision to exercise his discretion to extend the time in which the respondent could file and serve a reply. Second, the applicant seeks to challenge the arbitrator's decision to order that two separate arbitral applications be heard together.

2. The applicant first sought review of the arbitrator's orders in the District Court of Western Australia (Stone DCJ).  Stone DCJ determined that there was no error in the exercise of the arbitrator's discretion, and refused leave to appeal from both decisions.  The applicant's applications for leave to appeal to the Court of Appeal of the Supreme Court of Western Australia (Newnes and Murphy JJA) were dismissed with costs.  

3. The applicant now seeks special leave to appeal to this Court against the orders of the Court of Appeal. The applicant does not have legal representation. The applications therefore fall to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

4. There is no reason to doubt the correctness of the decision below, which was reached by the Court of Appeal through the application of well-settled principles.  The proposed appeals to this Court would enjoy no prospect of success.  Both applications are dismissed.

5. Pursuant to r 41.10.5, we direct the Registrar to draw up, sign and seal orders dismissing each application.

V.M. Bell
17 December 2015 S.J. Gageler