Seton v Rocla Industries Pty Ltd No 2

Case

[2006] NSWWCCPD 45

16 March 2006


WORKERS COMPENSATION COMMISSION

DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR

CITATION:Seton v Rocla Industries Pty Ltd No 2  [2006] NSWWCCPD 45

APPELLANT:  Roderick Leslie Seton

RESPONDENT:  Rocla Industries Pty Ltd  

INSURER:Self-insurer

FILE NUMBERS:  WCC11203-03

DATE OF ARBITRATOR’S DECISION:          30 May 2005 (See also 20 May 2005)

DATE OF APPEAL DECISION:  16 March 2006

SUBJECT MATTER OF DECISION:                Leave to appeal against decision to adjourn proceedings.

PRESIDENTIAL MEMBER:  Deputy President Gary Byron

HEARING:Determined on the papers

REPRESENTATION:  Appellant:     Messenger & Messenger   

Solicitors & Attorneys

Respondent:  Leigh Virtue & Associates

ORDERS MADE ON APPEAL:  Leave to appeal the decision of the Arbitrator dated 30 May 2005 is refused.

No order is made as to the costs of this appeal.

FOR ALL INFORMATION, REASONS, FINDINGS AND THE DETERMINATION OF

THIS APPEAL SEE:

Rocla Industries Pty Ltd v Seton [2006] NSWWCCPD 43.

SEE ALSO RELATED APPEAL:

Seton v Rocla Industries Pty Ltd No 1 [2006] NSWWCCPD 44.

DECISION

  1. Leave to appeal the decision of the Arbitrator, dated 30 May 2005 is refused.  The Arbitrator’s same decision of 20 May 2005 is included in this decision on appeal.

COSTS

  1. No order is made as to the costs of this appeal.

Gary Byron

Deputy President  

16 March 2006

I CERTIFY THAT THIS IS A TRUE AND ACCURATE RECORD OF THE REASONS FOR DECISION OF GARY BYRON, DEPUTY PRESIDENT OF THE WORKERS COMPENSATION COMMISSION.

ASSOCIATE

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Cases Citing This Decision

2

Rocla Pty Limited v Seton [2007] NSWWCCPD 114
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