Queanbeyan Racing Club Ltd v Hannah Burton [2021] NSWSC 315

Supreme Court New South Wales

Medium Neutral Citation: Queanbeyan Racing Club Ltd v Hannah Burton [2021] NSWSC 315 Hearing dates: 15 October 2020 Date of orders: 31 March 2021 Decision date: 31 March 2021 Jurisdiction: Common Law Before: N Adams J Decision: (1) Summons is dismissed. (2) Plaintiff is to pay the first defendant's costs. Catchwords: ADMINISTRATIVE LAW – workers compensation – judicial review of decision of Medical Appeal Panel of the Workers Compensation Commission – assessment of Whole Person Impairment – dysesthesia – whether Appeal Panel went beyond grounds of appeal – whether use of definition of dysesthesia was introduction of new material – whether Panel failed to afford procedural fairness – whether Panel was bound to reconsider every aspect of previous MAC in issuing new MAC – summons dismissed Legislation Cited: Supreme Court Act 1970 (NSW), s 69 Workers Compensation Act 1987 (NSW), s 66 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 319, 320, 321, 322, 322A, 324, 325, 326, 327, 328 Cases Cited: Drosd v Workers Compensation Nominal Insurer [2016] NSWSC 1053 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531; [2010] HCA 1 Midson v Workers Compensation Commission & Ors [2016] NSWSC 1352 Pascoe v Mechita Pty Ltd [2019] NSWSC 454 QBE Insurance (Australia) Limited v Meredith & Ors [2017] NSWSC 466 Roads and Maritime Services v Rodger Wilson [2016] NSWSC 1499 Siddik v WorkCover Authority of NSW [2008] NSWCA 116 Wiki v Atlantis Relocations (NSW) Pty Ltd (2004) 60 NSWLR 127; [2004] NSWCA 174 Category: Principal judgment Parties: Queanbeyan Racing Club (Plaintiff) Hannah Burton (First Defendant) The Registrar of the Workers Compensation Commission (Second Defendant) Medical Appeal Panel (Third Defendant) Representation: Counsel: Mr C Jackson (Plaintiff) Mr C Tanner (Defendant)