Dwyer v Calco Timbers Pty Ltd

HIGH COURT OF AUSTRALIAGLEESON CJGUMMOW, KIRBY, HAYNE AND HEYDON JJBRETT DWYER  APPELLANTANDCALCO TIMBERS PTY LTD   RESPONDENTDwyer v Calco Timbers Pty Ltd[2008] HCA 1316 April 2008M88/2007ORDER1.        Appeal allowed with costs.2.Set aside the order of the Court of Appeal of the Supreme Court of Victoria made on 8 September 2006.3.Remit the matter to the Court of Appeal of the Supreme Court of Victoria for rehearing in accordance with the reasons of this Court.4.The respondent pay the appellant's costs of the proceedings in the Court of Appeal of the Supreme Court of Victoria up to the listing for rehearing of the appeal to that Court.5.The costs of the rehearing (and any consequential costs order respecting the application to the County Court of Victoria) abide the outcome of the rehearing of the appeal to the Court of Appeal of the Supreme Court of Victoria.On appeal from the Supreme Court of VictoriaRepresentationJ H Kennan SC with P T Vout for the appellant (instructed by Slater & Gordon)D F Jackson QC with J P Gorton for the respondent (instructed by Wisewoulds Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSDwyer v Calco Timbers Pty LtdCourts – 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...