The applicant applied for a statutory order of review of the first respondent’s (WorkCover) decision to reject the applicant’s application for compensation under the Workers Compensation and Rehabilitation Act 2003 (Qld), and the decision of the second respondent (the Regulator) to affirm the first respondent’s decision. The application for a statutory order for review was dismissed, with costs, upon the first and second respondents’ application instituted pursuant to sections 13 and 48 of the Judicial Review Act 1991 (Qld) with the Court finding that it would be inappropriate for the applicant’s application to continue on the grounds that: (a) provision was made by another law for the applicant to seek review of the decisions and it would not be in the interests of justice for the application to continue; (b) the applicant could no longer be regarded as a person aggrieved due to subsequent events overtaking each decision; (c) the applicant required an extension of time which enjoyed no prospects of success; (d) the application sought to agitate issues previously disposed of by the Court which plainly amounted to an abuse of process; and (e) some of the relief sought was inappropriate to be dealt with upon an application for a statutory order of review.
Mark Eade appeared for the second respondent, instructed by the Crown Solicitor.
The judgment is published here.