Stines v The GEO Group Australia Pty Limited [2021] NSWSC 375

Supreme Court New South Wales

Medium Neutral Citation: Stines v The GEO Group Australia Pty Limited [2021] NSWSC 375 Hearing dates: 05 February 2021 Date of orders: 14 April 2021 Decision date: 14 April 2021 Jurisdiction: Common Law Before: Rothman J Decision: (1) Summons dismissed; (2) The plaintiff shall pay the defendant's costs of and incidental to the proceedings. Catchwords: ADMINISTRATIVE LAW – prisoner seeking damages for assault – assessment of permanent impairment under Civil Liability Act 2002 (NSW) to be performed under workers compensation regime – Approved Medical Specialist assesses WPI at 4% – Appeal Panel dismisses appeal – difficulty in applying PIRS examples to institutional environment – no error of law or jurisdiction – appeal dismissed Legislation Cited: Civil Liability Act 2002 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Supreme Court Act 1970 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1; [1990] HCA 21 Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 Swift v SAS Trustee Corporation (2010) 6 ASTLR 339; [2010] NSWCA 182 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 460; [2013] HCA 43 Category: Principal judgment Parties: Robert Stines (Plaintiff) The GEO Group Australia Pty Limited (First Defendant) Medical Appeal Panel of the Workers Compensation Commission of New South Wales consisting of Ross Bell, Dr Nicholas Glozier and Dr Michael Hong (Second Defendant) Registrar of the Workers Compensation Commission of New South Wales (Third Defendant) Representation: Counsel: G Schipp (Plaintiff) M Newton (First Defendant) Submitting Appearance (Second/Third Defendant)