Peachey v Bildom Pty Ltd (Quality Siesta Resort Pty Limited and Quality Hotel) [2020] NSWSC 781

Supreme Court New South Wales

Medium Neutral Citation: Peachey v Bildom Pty Ltd (Quality Siesta Resort Pty Limited and Quality Hotel) [2020] NSWSC 781 Hearing dates: 18 June 2020 Decision date: 22 June 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Set aside the decision of the third defendant made on 5 November 2019.

(2) Remit the matter to the second defendant to be determined by an appeal panel differently constituted.

(3) Order the first defendant to pay the plaintiff's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW — Judicial review — Workers Compensation — Guidelines issued under Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 376 — where plaintiff sought adjustment under cl 1.32 of Guidelines — whether Appeal Panel gave adequate reasons explaining application of cl 1.32 — whether error of law on the face of the record Legislation Cited: Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 59.10 Workers Compensation Act 1987 (NSW), ss 4, 9, 65A, 66 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 78, 313–314, 319, 321–325, 327–328, 331, 376 Cases Cited: Ballas v Department of Education (State of NSW) [2020] NSWCA 86 Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Hunter Quarries Pty Ltd v Mexon (2018) 98 NSWLR 526; [2018] NSWCA 178 Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54 SZCBT v Minister for Immigration and Multicultural Affairs [2007] FCA 9 Wingfoot (Australia) Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 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), ch 1 State Insurance Regulatory Authority, Workers Compensation Medical Dispute Assessment Guidelines (21 December 2018), ch 5 Category: Principal judgment Parties: Kaitlyn Peachey (Plaintiff) Bildom Pty Ltd (Quality Siesta Resort Pty Limited and Quality Hotel) (First Defendant) Workers Compensation Commission of New South Wales (Second Defendant) The Medical Appeal Panel of the Workers Compensation Commission of NSW (Third Defendant) Representation: Counsel: E Grotte (Plaintiff) A Combe (First Defendant) Submitting appearances (Second and Third Defendants)