Perry v George Weston Foods Limited [2021] NSWSC 359

Supreme Court New South Wales

Medium Neutral Citation: Perry v George Weston Foods Limited [2021] NSWSC 359 Hearing dates: 03 February 2021 Date of orders: 9 April 2021 Decision date: 09 April 2021 Jurisdiction: Common Law Before: Rothman J Decision: The Court makes the following orders: (1) time to commence proceedings against the third defendant is extended to allow for the filing of the Amended Summons for judicial review filed and agitated in these proceedings; (2) a declaration that, pursuant to s 69 of the Supreme Court Act 1970 (NSW), the certificate and decision of the third defendant, dated 9 March 2020, is set aside; (3) a declaration that, pursuant to s 69 of the Supreme Court Act, the decision of the Delegate of the Registrar, issued on 22 May 2020, is void and of no effect; (4) a declaration that, pursuant to the terms of s 69 of the Supreme Court Act, the certificate of the third defendant, dated 9 March 2020, is void and of no effect; (5) remit the Application for Assessment by the plaintiff herein to the second defendant for referral to a different approved medical specialist to determine the medical dispute according to law; (6) the first defendant shall pay the plaintiff's costs of and incidental to the proceedings. Catchwords: ADMINISTRATIVE LAW – Workers Compensation – Medical Assessment and arguability of appeal ground – jurisdictional error and error of law on the face of the record – Psychiatric Impairment Rating Scale (PIRS) – wrong classification – irrelevant consideration – failure to disclose part of reasoning. Legislation Cited: Motor Accident Compensation Act 1999 (NSW) Supreme Court Act 1970 (NSW), s 69 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 327 and 328 Cases Cited: Attorney General v Quin (1990) 170 CLR 1; [1990] HCA 21 Australian Gas Light Co v Valuer-General (1940) 40 SR (NSW) 126 Ballas v Department of Education [2020] 102 NSWLR 783; [2020] NSWCA 86 Boral Gas (NSW) Pty Ltd v Magill (1993) 32 NSWLR 501 Collector of Customs v AGFA-Gevaert Ltd (1996) 186 CLR 389; [1996] HCA 36 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 1993 FCR 280; [1993] FCA 456 Kolundzic v Quickflex Constructions Pty Ltd [2014] NSWSC 1523 Meeuwissen v Boden (2010) 78 NSWLR 143; [2010] NSWCA 253 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Pitsonis v Registrar of the Workers Compensation Commission (2008) 73 NSWLR 366; [2008] NSWCA 88 Swift v SAS Trustee Corporation (2010) 6 ASTLR 339; [2010] NSWCA 182 Vannini v Worldwide Demolitions Pty Ltd [2018] NSWCA 324 Category: Principal judgment Parties: Stephen Perry (Plaintiff) George Weston Foods Limited (First Defendant) Workers Compensation Commission trading as Registrar of the Workers Compensation Commission of New South Wales (Second Defendant) Workers Compensation Commission trading as An Approved Medical Specialist (Dr Parmegiani) Appointed by the Workers Compensation Commission of New South Wales (Third Defendant) Representation: Counsel: G Romaniuk SC/S G Moffet (Plaintiff) P R Stockley (First Defendant) Submitting Appearance (Second Defendant/Third Defendant)