Berowra Holdings Pty Ltd v Gordon

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE, HEYDON AND CRENNAN JJBEROWRA HOLDINGS PTY LTD   APPELLANTANDRODNEY JOHN GORDON  RESPONDENTBerowra Holdings Pty Ltd v Gordon[2006] HCA 3215 June 2006S473/2005ORDERAppeal dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentation:B W Walker SC with P L Perry for the appellant (instructed by Lyons Barnett Kennedy)J E Sexton SC with P A Regattieri for the respondent (instructed by Peacocke Dickens & Price)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDS Berowra Holdings Pty Ltd v GordonWorkers' Compensation − Plaintiff did not comply with s 151C of the Workers Compensation Act 1987 (NSW) − Defendant did not take any point as to non‑compliance until after it had made an offer of compromise pursuant to Pt 19A of the District Court Rules − Plaintiff accepted defendant's offer of compromise after the point as to non‑compliance had been raised – Whether proceedings commenced by the plaintiff invalid or a nullity because of non‑compliance with s 151C − Whether procedural steps taken by the parties under the District Court Rules invalid or nullities because of non-compliance with s 151C − Whether defendant entitled to an order that its offer of compromise be withdrawn − Whether the concept of waiver relevant.Statutory construction − Where statute imposed a restriction upon the commencement of court proceedings but made no provision for consequences of non-compliance − Construction of s 151C of Workers Compensation Act 1987 (NSW).Workers Compensation...