The court was divided on whether the Industrial Relations Court had jurisdiction under s 41 of the Workmen's Compensation Act 1971 (SA) to order restitution of costs paid by a worker to a solicitor without a court order, and on whether such a claim was subject to the six-year limitation period under the Limitation of Actions Act 1936 (SA). A dismissal for want of jurisdiction does not give rise to res judicata. A court must afford procedural fairness before finding that proceedings were brought for an improper purpose where that ground was not raised by the applicant for strike-out.
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