Tanna (as Executor of the Estate of Ernest Valentine Tanna) v Simon Blackwood (Workers' Compensation Regulator)

The matter before the Court involved an executor, Tanna, as the appellant, and the Workers' Compensation Regulator, Simon Blackwood, as the respondent. The dispute centred around a worker's compensation claim, specifically whether the time limit for lodging an application for review should be waived due to reasonable cause for delay. The worker, who had passed away, was diagnosed with a latent onset injury. However, the six-month period for filing the application had lapsed, prompting the executor to institute the application on behalf of the deceased estate.

The court was tasked with determining whether the claimant's failure to lodge the application within the stipulated six-month period was due to reasonable cause. The appellant argued that the delay was attributable to the solicitor, and the court had to decide if this constituted reasonable cause under the relevant legislation. The primary focus was on interpreting the concept of "reasonable cause" and its application to the facts of the case, particularly in light of the deceased worker's circumstances and the actions of the solicitor.

The Court examined the evidence presented, including the role and actions of the solicitor, and determined that reasonable cause had indeed been established. The delay was attributed to the solicitor's failure to act promptly, which the Court found to be a justifiable reason for the late filing. Consequently, the application was allowed, and the decision of the Regulator was set aside. The matter was remitted to the Review Unit of the Regulator to decide the application for review, as originally submitted on 4 July 2014.

The final orders of the Court were that the application be allowed, the decision of the Regulator be set aside, and the matter be remitted to the Review Unit of the Regulator with specific directions to proceed with the review application.