Skates v Hills Industries Ltd [2020] NSWSC 837

Supreme Court New South Wales

Medium Neutral Citation: Skates v Hills Industries Ltd [2020] NSWSC 837 Hearing dates: 25 June 2020 Decision date: 30 June 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Set aside the decision of the second defendant made on 27 September 2019. (2) Remit the matter to the fourth defendant to be determined in accordance with law. (3) Dismiss the cross-summons. (4) Subject to order (4) below, order the first defendant to pay the plaintiff's costs of the proceedings. (5) Order the parties to bear their own costs of the cross-summons. Catchwords: ADMINISTRATIVE LAW — Judicial review — Workers Compensation — where Registrar referred assessment of whole person impairment arising from specific body parts to Approved Medical Specialist — where second defendant found Approved Medical Specialist erred by going beyond terms of referral — whether referral entitled Approved Medical Specialist to assess degree of permanent impairment arising from body parts not specifically referred — relevance of employer's concession that left wrist ought to have been included in referral — whether error of law on face of the record Legislation Cited: Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Workers Compensation Act 1987 (NSW), ss 4, 9A, 66 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 288, 293, 294, 313, 314, 319–322, 322A, 324, 325, 327, 328, 331, 376 Cases Cited: Aircons Pty Limited v Registrar of the Workers Compensation Commission of NSW [2006] NSWSC 322 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27; [2009] HCA 41 Ballas v Department of Education (State of NSW) [2020] NSWCA 86 Banque Commerciale SA (En Liqn) v Akhil Holdings Ltd (1990) 169 CLR 279; [1990] HCA 11 Bindah v Carter Holt Harvey Woodproducts Australia Pty Ltd [2014] NSWCA 264 Cincotta v Police Citizens Youth Clubs NSW Ltd [2018] NSWSC 1588 Dening v Alloy Pty Ltd trading as Noble Toyota [2014] NSWSC 1224 Haroun v Rail Corporation New South Wales [2008] NSWCA 192 Hochbaum v RSM Building Services Pty Ltd; Whitton v Technical and Further Education Commission t/as TAFE NSW [2020] NSWCA 113 Hunter Quarries Pty Ltd v Mexon (2018) 98 NSWLR 526; [2018] NSWCA 178 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 17 State Insurance Regulatory Authority, Workers Compensation Medical Dispute Assessment Guidelines (21 December 2018), ch 5 Category: Principal judgment Parties: Anthony Skates (Plaintiff / First Cross-defendant) Hills Industries Ltd (ACN 007 573 417) (First Defendant / Cross-claimant) The Appeal Panel of the Workers Compensation Commission constituted by John Wynyard, Dr James Bodel and Dr David Crocker (Second Defendant) Michael Wright in his capacity as an Arbitrator of the Workers Compensation Commission of New South Wales (Third Defendant) The Registrar of the Workers Compensation Commission of New South Wales (Fourth Defendant / Third Cross-defendant) Dr Frank Machart as an Approved Medical Specialist under s 320 of the Workplace Injury Management and Workers Compensation Act 1998 (Second Cross-defendant) Representation: Counsel: B G McManamey (Plaintiff) S Blount (First Defendant) Submitting appearance (Second, Third and Fourth Defendants, and Second Cross-defendant)