Stanislawa Bahonko v Moorfields Community

[2012] HCASL 4

STANISLAWA BAHONKO
v
MOORFIELDS COMMUNITY & ORS
[2012] HCASL 4
M134/2011

1. The applicant brought proceedings in the County Court of Victoria seeking to establish her entitlement to workers' compensation benefits under the Accident Compensation Act 1985 (Vic). The primary judge (Judge Misso) dismissed the proceedings.

2. On the applicant's appeal to the Court of Appeal of the Supreme Court of Victoria, the Court of Appeal (Buchanan, Redlich and Mandie JJA) allowed the appeal, set aside the orders of Judge Misso and ordered that the proceeding be retried by another judge.  After those orders were made, the applicant applied to vary them.  She contended that she should have had orders giving her the substantive relief she had sought in the County Court and that the order remitting the matter for retrial should be set aside.  The Court of Appeal refused the application to vary its order.

3. The applicant now seeks special leave to appeal against so much of the orders of the Court of Appeal as directed the retrial of her application to the County Court and against the orders of the Court of Appeal dismissing her application for variation of those orders.

4. An appeal against the orders of the Court of Appeal which the applicant seeks to challenge would enjoy no prospect of success.

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

K.M. Hayne
9 February 2012 S.M. Crennan