Workers' Compensation Regulator v Bero

[2019] QIRC 36

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Workers' Compensation Regulator v Bero [2019] QIRC 036

PARTIES:  

Workers' Compensation Regulator
(Applicant)

v

Bero, Peter Christopher
(Respondent)

CASE NO:

WC/2017/2

PROCEEDING:

Application

DELIVERED ON:

05 March 2019

HEARING DATE: 

28 February 2019

MEMBER:

HEARD AT:

O'Connor VP

Brisbane

ORDER:

1.     The application is granted; and

2.     Pursuant to r 45(3) of the Industrial Relations (Tribunal Rules) 2011, I dismiss the proceedings in matter WC/2017/2; and

3.     I make no order as to costs

CATCHWORDS:

INDUSTRIAL LAW – WORKERS' COMPENSATION – APPLICATION TO DISMISS – where the respondent failed to comply with directions in an appeal – where the respondent has failed to adequately prosecute appeal – whether discretion to dismiss proceeding is enlivened

LEGISLATION:

CASES:

Industrial Relations (Tribunal) Rules 2011 r 6, r 45

Gambaro v Workers’ Compensation Regulator [2017] ICQ 005

Lenijamar Pty Ltd and Ors. v AGC (Advances) Ltd (1990) FCR 388

Quaedvlieg and Others v Boral Resources (Qld) Pty Ltd (2005) 180 QGIG 1209

Quinlan v Rothwell [2001] QCA 176

Robertson v Graham & Ors [2010] QSC 215

Smith v Workers' Compensation Regulator [2017] QIRC 070

Spencer v Workers' Compensation Regulator [2017] QIRC 065

Stollznow v Calvert [1980] 2 NSWLR 749

Witten v Lombard Australia Ltd (1968) 88 WN (Pt 1) (NSW) 405

APPEARANCES:

Mr A Kitchen of Counsel, directly instructed by the applicant

Mr P Bero for himself, appearing via telephone

Reasons for Decision

1. The Workers' Compensation Regulator has made an application to this Commission pursuant to rule 45(3) of the Industrial Relations (Tribunal) Rules 2011 seeking an order that the appeal filed by Peter Christopher Bero (Matter No. WC/2017/2) be dismissed.

Background

1. On 22 October 2015 Mr Bero lodged a handwritten application for compensation for an injury described as "depression, anxiety and stress" allegedly caused by multiple workplace incidents which occurred whilst employed for Wilmar at Kalamia Sugar Mill, Ayr. Wilmar (as a self-insurer) investigated and subsequently rejected the claim. On 26 August 2016 Mr Bero appealed the decision of Wilmar to the Workers' Compensation Regulator. The Regulator confirmed the decision of the self-insurer finding that Mr Bero's injury arose out of, or in the course of, management action that was reasonable and taken in a reasonable way.

2. On 9 January 2017 Mr Bero lodged a notice of appeal with the Industrial Registry.

The present application

1. The Regulator relies upon the chronology of events set out in the application. So far as is relevant I have extracted from the chronology as contained in the affidavit of Joanne Webb, senior review and appeals officer, sworn 16 February 2019.

   3.       On 9 January 2017, the Commission issued a Directions Order directing the parties to take steps in the appeal.

   4.       On 6 February 2017, the Appellant sought further time to provide a list of documents. On this same date, the Regulator agreed to the Appellant's request.

   5.       On 23 February 2017, the Commission issued a Further Directions Order (FDO) directing the parties to take steps in the appeal.

   6.…