Wang v Botany View Hotel

The applicant, Wang, sought leave to appeal from a decision of the Workers Compensation Commission. The Commission had dismissed an application made by Wang to reconsider a previous decision.

The primary legal issue before the Court of Appeal was whether there was a question of principle involved in the Commission's dismissal of the reconsideration application, which would justify granting leave to appeal.

McColl JA and Handley AJA found that the Commission's decision to refuse reconsideration was a discretionary one, and that no error of law or fact had been demonstrated that would raise a question of principle. Accordingly, leave to appeal was refused.

The application for leave to appeal was dismissed with costs.