Kuligowski v MetroBus

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJMAREK KULIGOWSKI  APPELLANTANDMETROBUS  RESPONDENTKuligowski v Metrobus [2004] HCA 343 August 2004P91/2003ORDER1.Appeal allowed with costs.2.Set aside the orders of the Full Court of the Supreme Court of Western Australia dated 24 June 2002 and in place thereof order that:(a)the appellant's appeal to the Full Court be allowed with costs;(b)the orders of the District Court of Western Australia dated 18 October 2000 (in WC 93 D 775 of 1997 and CIV 4575 of 1998) be set aside and the matter remitted to the District Court for hearing; and(c)the respondent pay the appellant's costs of the said District Court proceedings both before Deputy Registrar Harman and Commissioner Ley.On appeal from the Supreme Court of Western AustraliaRepresentation:B L Nugewela with G E Nairn for the appellant (instructed by D'Angelo & Partners)G T W Tannin SC with B P King for the respondent (instructed by State Solicitor's Office (Western Australia))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSKuligowski v MetrobusIssue estoppel - Whether decision of Review Officer under the Workers' Compensation and Rehabilitation Act 1981 (WA) ("the Act") Pt IIIA Div 3 is a final decision for the purposes of issue estoppel - Application by employer under s 60 of the Act disputing liability to pay compensation for injuries incurred at work - Review Officer found that the worker's injury had "resolved" - Leave to institute proceedings under s 93D of...