Starr v Pendergast Painting Pty Ltd [2020] NSWSC 725

Supreme Court New South Wales

Medium Neutral Citation: Starr v Pendergast Painting Pty Ltd [2020] NSWSC 725 Hearing dates: 5 June 2020 Decision date: 11 June 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Summons dismissed.

(2) Order the plaintiff to pay the first defendant's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW — Judicial review — Workers Compensation — whether re-examination of claimant by Appeal Panel required — adequacy of reasons – limits on jurisdiction under s 69 of the Supreme Court Act 1970 (NSW) Legislation Cited: Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 313, 314, 319, 321, 322, 324, 325, 327–329, 331 Cases Cited: Boyce v Allianz Insurance Ltd (2018) 96 NSWLR 356; [2018] NSWCA 22 Secretary, New South Wales Department of Education v Johnson [2019] NSWCA 321 Vitaz v Westform (NSW) Pty Ltd [2011] NSWCA 254 Texts Cited: American Medical Association, Guides to the Evaluation of Permanent Impairment (5th ed) State Insurance Regulatory Authority, NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment (4th ed, 1 April 2016), chs 1, 14 Category: Principal judgment Parties: Michael John Starr (Plaintiff) Pendergast Painting Pty Ltd (ABN 75 285 533 127) (First Defendant) The Medical Appeal Panel of the Workers Compensation Commission of NSW (Second Defendant) The Workers Compensation Commission of New South Wales (Third Defendant) Representation: Counsel: L Morgan / J Beran (Plaintiff) S Blount (First Defendant) Submitting appearances (Second and Third Defendants)