Nguyen v Pasarela Pty Ltd [2020] NSWSC 1730

Supreme Court New South Wales

Medium Neutral Citation: Nguyen v Pasarela Pty Ltd [2020] NSWSC 1730 Hearing dates: 2 December 2020 Decision date: 03 December 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 59.10(2), extend the time for filing the summons to 30 March 2020. (2) Dismiss the amended summons. (3) Order the plaintiff to pay the first defendant's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW — Error of law on the face of the record — Whether third defendant failed to correctly apply guidelines — Whether third defendant failed to properly explain path of reasoning — Whether fourth defendant erred in finding no error in third defendant's application of guidelines 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, 66 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 4, 74, 78, 294, 319, 322, 325, 327, 328, 331, 350, 376 Cases Cited: Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Navazi v New South Wales Land and Housing Corporation [2015] NSWCA 308 Pham v NRMA Insurance Ltd [2014] NSWCA 22 Siddik v WorkCover Authority of NSW [2008] NSWCA 116 Vannini v Worldwide Demolitions Pty Ltd [2018] NSWCA 324 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), ch 16 State Insurance Regulatory Authority, NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment (4th ed, 1 April 2016), cll 1.1, 1.6, 1.36, 2.5, 2.20 Category: Principal judgment Parties: Van Nguyen (Plaintiff) Pasarela Pty Ltd (First Defendant) Workers Compensation Commission (Second Defendant) An Approved Medical Specialist Medical (Dr Burrow) Appointed by the Workers Compensation Commission (Third Defendant) A Medical Appeal Panel (Mr Douglas, Dr Dixon and Dr Mastroianni) Appointed by the Workers Compensation Commission (Fourth Defendant) Representation: Counsel: D Baran (Plaintiff) A Combe / D Townsend (First Defendant) Submitting Appearances (Second, Third and Fourth Defendants)