Seton v Rocla Industries Pty Ltd No 2

WORKERS COMPENSATION COMMISSION

DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR

CITATION:Seton v Rocla Industries Pty Ltd No 2 [2006] NSWWCCPD 45
APPELLANT:  Roderick Leslie Seton
RESPONDENT:  Rocla Industries Pty Ltd
INSURER:Self-insurer
FILE NUMBERS:  WCC11203-03
DATE OF ARBITRATOR’S DECISION:          30 May 2005 (See also 20 May 2005)
DATE OF APPEAL DECISION:  16 March 2006
SUBJECT MATTER OF DECISION:                Leave to appeal against decision to adjourn proceedings.
PRESIDENTIAL MEMBER:  Deputy President Gary Byron
HEARING:Determined on the papers
REPRESENTATION:  Appellant:     Messenger & Messenger
Solicitors & Attorneys

Respondent: Leigh Virtue & Associates

ORDERS MADE ON APPEAL: Leave to appeal the decision of the Arbitrator dated 30 May 2005 is refused.
No order is made as to the costs of this appeal.

FOR ALL INFORMATION, REASONS, FINDINGS AND THE DETERMINATION OF
THIS APPEAL SEE:
Rocla Industries Pty Ltd v Seton [2006] NSWWCCPD 43.
SEE ALSO RELATED APPEAL:

Seton v Rocla Industries Pty Ltd No 1 [2006] NSWWCCPD 44.

DECISION

Leave to appeal the decision of the Arbitrator, dated 30 May 2005 is refused. The Arbitrator’s same decision of 20 May 2005 is included in this decision on appeal.

COSTS

No order is made as to the costs of this appeal.

Gary Byron
Deputy President
16 March 2006

I CERTIFY THAT THIS IS A TRUE AND ACCURATE RECORD OF THE REASONS FOR DECISION OF GARY BYRON, DEPUTY PRESIDENT OF THE WORKERS COMPENSATION COMMISSION.

ASSOCIATE

CaseChat Overview and Summary

Roderick Leslie Seton sought leave to appeal against a decision of the Workers Compensation Commission in Rocla Industries Pty Ltd No 2. The dispute originated from an injury Seton sustained while working for Rocla Industries Pty Ltd, a respondent self-insured for workers' compensation. The case was heard by Deputy President Gary Byron and involved an appeal against the Arbitrator’s decision to adjourn the proceedings.

The legal issue before the court was whether the Arbitrator’s decision to adjourn the proceedings was correct, and if so, whether Seton should be granted leave to appeal. This necessitated a review of the grounds upon which the Arbitrator made the decision, including any procedural fairness or merits that could justify an adjournment.

Deputy President Gary Byron, in his determination, found that the Arbitrator’s decision to adjourn the proceedings was not only correct but also necessary in the context of the proceedings. The reasons provided by the Arbitrator were deemed sufficient, and no grounds for appeal were found. Consequently, the appeal was dismissed, and no leave was granted to Seton. Additionally, no order was made regarding the costs of the appeal.

This decision underscores the importance of procedural fairness and the deference owed to the initial decision-maker's discretion in workers' compensation matters.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established