Secretary, Department of Communities and Justice v Topic [2020] NSWSC 1824

Supreme Court New South Wales

Medium Neutral Citation: Secretary, Department of Communities and Justice v Topic [2020] NSWSC 1824 Hearing dates: 11 December 2020 Decision date: 15 December 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the amended summons. (2) By consent, make no order as to costs. Catchwords: ADMINISTRATIVE LAW — Jurisdictional error — Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 327 — Decision of Registrar to refuse to refer appeal — Whether Registrar erred by determining substantive appeal rather than applying statutory test — Whether jurisdictional error ADMINISTRATIVE LAW — Jurisdictional error — Whether Registrar erred in not finding that a ground of appeal under s 327 had been made out Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 63, 94 Supreme Court Act 1970 (NSW), s 69 Workers Compensation Act 1987 (NSW), ss 4, 65, 65A, 66 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 78, 105, 293, 294, 319, 322, 325–327, 331, 350, 378 Cases Cited: Ballas v Department of Education (State of NSW) [2020] NSWCA 86 Bindah v Carter Holt Harvey Woodproducts Australia Pty Ltd [2014] NSWCA 264 Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Craig v State of South Australia (1995) 184 CLR 163; [1995] HCA 58 Dominice v Allianz Australia Insurance Ltd [2017] NSWCA 171 George v Rockett (1990) 170 CLR 104; [1990] HCA 26 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 Navazi v New South Wales Land and Housing Corporation [2015] NSWCA 308 Pham v NRMA Insurance Ltd [2014] NSWCA 22; (2014) 66 MVR 152 State of New South Wales (NSW Department of Education) v Kaur [2016] NSWSC 346 Vannini v Worldwide Demolitions Pty Ltd [2018] NSWCA 324 Zinc Corporation Ltd v Scarce (1995) 12 NSWCCR 566 Texts Cited: State Insurance Regulatory Authority, NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment (4th ed, 1 April 2016) Category: Principal judgment Parties: Secretary, Department of Communities and Justice (Plaintiff) Rajka Topic (First defendant) Registrar of the Workers Compensation Commission of New South Wales (Second defendant) Representation: Counsel: B G McManamey (Plaintiff) D Hooke SC / E Grotte (First defendant) Submitting appearance (Second defendant)