Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43

HIGH COURT OF AUSTRALIA

FRENCH CJ, CRENNAN, BELL, GAGELER AND KEANE JJ

WINGFOOT AUSTRALIA PARTNERS PTY LTD & ANOR APPELLANTS

AND

EYUP KOCAK & ORS RESPONDENTS

Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43 30 October 2013 M52/2013

ORDER

1. Appeal allowed.

2. Set aside orders 1, 2 and 3 of the Court of Appeal of the Supreme Court of Victoria made on 23 October 2012 and, in their place, order that the appeal to that Court be dismissed.

3. The appellants pay the first respondent's costs of this appeal and the application for special leave to appeal.

On appeal from the Supreme Court of Victoria

Representation

M F Wheelahan SC with M C Norton for the appellants (instructed by Thomsons Lawyers)

A G Uren QC with A D B Ingram for the first respondent (instructed by Slater & Gordon)

A S Pillay for the second and third respondents (instructed by Moray & Agnew)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Wingfoot Australia Partners Pty Ltd v Kocak

Administrative law – Availability of certiorari ­­– Legal consequences of Medical Panel's opinion under Accident Compensation Act 1985 (Vic) – Where separate proceedings for common law damages and statutory compensation – Whether Medical Panel's opinion on medical questions referred to it in one proceeding required to be adopted and applied in other proceeding – Whether issue estoppel – Whether order in nature of certiorari available.

Administrative law – Statutory obligation to give written statement of reasons – Standard of reasons required – Whether error of law on the face of the record.

Words and phrases – "certiorari", "error of law", "for the purposes of determining any question or matter", "Medical Panel", "medical question", "reasons", "written statement of reasons".