| Di Paolo v Salta Constructions Pty Ltd (VSCA) - choice of law - workplace injury - limitations - uniform cross-border compensation legislation - claims governed by common law of Western Australia - appeal dismissed |
| Siberia Mining Corporation Pty Ltd v Wilson (WASC) - judicial review - mining leases - warden’s recommendation that exemption from expenditure conditions be refused set aside |
| Summaries With Link (Five Minute Read) |
Di Paolo v Salta Constructions Pty Ltd [2015] VSCA 230
Court of Appeal of Victoria
Osborn & Kyrou JJA; Garde AJA
Choice of law - limitations - worker sued respondents for workplace injuries sustained in Perth - worker was resident of State of Victoria and working in Perth at time of accident - worker contended law of Victoria governed proceeding - primary judge found worker’s claims against two respondents governed by substantive law, including applicable limitation periods, of common law of Western Australia, unmodified by Div 1a Pt IV Workers’ Compensation and Injury Management Act 1981 (WA) (WCIMA) - effect of finding was that worker’s claims were statute-barred - worker sought leave to appeal - effect of national uniform legislation for coverage of workers operating temporarily in another jurisdiction - limitation period governing claims - ss80, 129MA & 129MB Accident Compensation Act 1985 (Vic) (AC Act) - ss20, 93AA, 93AB WCIMA - whether trial judge misconstrued similarly-worded choice of law provisions of s129MB AC Act and s93AB WA Act.- statutory construction - purpose of amendments to AC Act which inserted choice of law provisions - held: leave to appeal granted - worker’s contentions as to proper statutory construction rejected - appeal dismissed.
DiPaolo
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Siberia Mining Corporation Pty Ltd v Wilson [2015] WASC 322
Supreme Court of Western Australia
Allanson J
Judicial review - applicant sought exemption from expenditure conditions applicable to mining leases it held - applicant sought judicial review of warden’s recommendation that exemption be refused - s436A Corporations Act 2001 (Cth) - ss8(1), 82(1), 82(1)(c), 98, 101(2)(c), 102, 102(2), 102(2)(b), 102(2)(f), 102(3), 102(5), 102(6), 102(7) & 160(c) Mining Act 1978 (WA) - regs 31 & 54 Mining Regulations 1981 (WA) - whether failure to properly consider evidence - whether warden made adverse credit findings which ought to have been disclosed - held: warden erred in law in consideration of s102(2)(b) and breached natural justice - report and recommendation of warden set aside.
Siberia
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