High Court of Australia

Dwyer v Calco Timbers Pty Ltd [2008] HCA 13

234 CLR 13; 82 ALJR 669; 244 ALR 257

16 Apr 2008

Case Number: M88/2007

Before

Gleeson CJ, Gummow, Kirby, Hayne, Heydon JJ

Catchwords

Courts – Jurisdiction and powers of Court of Appeal - Accident compensation - Appellant injured in course of employment - Appellant prevented by s 134AB of Accident Compensation Act 1985 (Vic) ("Compensation Act") from bringing proceedings for damages without leave of County Court - County Court obliged not to give leave unless satisfied on balance of probabilities that appellant's injury "serious injury" - County Court judge held appellant's injury not serious injury within meaning of s 134AB of Compensation Act - Appellant appealed to Court of Appeal - Section 134AD of Compensation Act required Court of Appeal to "decide for itself" whether injury serious injury - Court of Appeal dismissed appeal because not persuaded County Court was wrong - Meaning, effect, history and purpose of legislation - Significance of Court of Appeal's role as highest appellate court of State - Whether inconsistent with propounded appellate function - Whether Court of Appeal failed to exercise jurisdiction.

Words and phrases – "appeal", "serious injury", "statutory grant of right of appeal".

Accident Compensation Act 1985 (Vic) – ss 134AA-134AG.

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