Hutchison v Wyong Race Club Limited and Ors [2020] NSWSC 1592

Supreme Court New South Wales

Medium Neutral Citation: Hutchison v Wyong Race Club Limited and Ors [2020] NSWSC 1592 Hearing dates: 29 October 2020 Date of orders: 18 November 2020 Decision date: 18 November 2020 Jurisdiction: Common Law Before: Johnson J Decision: (1) Amended Summons dismissed. (2) The Plaintiff is to pay the First Defendant's costs of the proceedings. (3) No order as to costs of the Second and Third Defendants. (4) In the event that a party seeks a different costs order, application is to be made by email to Johnson J's Associate (and copied to the other affected party or parties) before 4.00 pm on 25 November 2020. Catchwords: ADMINISTRATIVE LAW – judicial review – injuries sustained by plaintiff in workplace accident in 2011 – claim under Workplace Injury Management and Workers Compensation Act 1998 – challenge to decisions of Approved Medical Specialist and Appeal Panel – Approved Medical Specialist finds no causal link between 2011 workplace accident and any injury to plaintiff's right shoulder – decision confirmed by Appeal Panel – claim of denial of procedural fairness and of legal unreasonableness in decision-making – held no denial of procedural fairness – legal unreasonableness not demonstrated – plaintiff's claim for relief not established – Amended Summons dismissed Legislation Cited: Supreme Court Act 1970 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Uniform Civil Procedure Rules 2005 Cases Cited: Ah-Dar v State Transit Authority of NSW (2007) 69 NSWLR 468; [2007] NSWSC 260 Attorney-General for the State of New South Wales v Quin (1990) 170 CLR 1; [1990] HCA 21 Australian Associated Motor Insurers Ltd v Motor Accidents Authority of NSW (2010) 56 MVR 108; [2010] NSWSC 833 Bojko v ICM Property Service Pty Ltd [2009] NSWCA 175 Boyce v Allianz Australia Insurance Ltd (2018) 96 NSWLR 356; [2018] NSWCA 22 Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Cobar Shire Council v Harpley-Oeser [2018] NSWSC 964 Estate of Heinrich Christian Joseph Brockmann v Brockmann Metal Roofing Pty Limited & Ors [2006] NSWSC 235 Frost v Kourouche (2014) 86 NSWLR 214; [2014] NSWCA 39 Inghams Enterprises Pty Ltd v Lakovska [2014] NSWCA 194 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326; [2015] HCA 40 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Phillips v JW Williamson and RW Williamson trading as Williamson Bros [2016] NSWSC 1681 Robson v QBE Insurance (Australia) Ltd [2020] NSWSC 1558 Sydney Night Patrol & Inc Co v Absolom [2015] NSWSC 60 Vitaz v Westform (NSW) Pty Ltd [2011] NSWCA 254 Woolworths Limited v Michelle Howarth [2015] NSWSC 1624 Texts Cited: --- Category: Principal judgment Parties: Bruce James Hutchison (Plaintiff) Wyong Race Club Limited (First Defendant) Appeal Panel constituted under s.328 Workplace Injury Management and Workers Compensation Act 1998 (Second Defendant) Registrar of the Workers Compensation Commission (Third Defendant) Representation: Counsel: Mr CAW Hart (Plaintiff) Mr C Jackson (First Defendant)