Lancaster v Foxtel Management Pty Limited [2021] NSWSC 745

Supreme Court New South Wales

Medium Neutral Citation: Lancaster v Foxtel Management Pty Limited [2021] NSWSC 745 Hearing dates: On the papers Date of orders: 24 June 2021 Decision date: 24 June 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) The name of the second defendant is amended to be: Medical Appeal Panel constituted by Jane Peacock, Dr John Baker and Dr Patrick Morris. (2) The name of the third defendant is amended to be: President of the Personal Injury Commission of NSW. (3) The plaintiff is granted leave to file and rely upon a further amended summons in the form of the document dated 8 June 2021, incorporating the amended names of the second and third defendants as set out in orders 1 and 2 above. (4) The plaintiff is to file his further amended summons pursuant to such leave within three business days of the date on which these orders are made by the Court. (5) The decision of the second defendant dated 13 October 2020 is quashed. (6) The Certificate of Determination dated 17 November 2020 is set aside. (7) The plaintiff's Application to Appeal against a decision of an Approved Medical Specialist, dated 17 July 2020, is remitted to the third defendant for referral to a medical appeal panel for determination according to law. (8) The hearing listed for 24 June 2021 is vacated. (9) No order as to costs. (10) The parties' consent statement dated 23 June 2021 is noted. Catchwords: ADMINISTRATIVE LAW — Judicial review — Workers Compensation — Whether decision of Appeal Panel ought be set aside — Adequacy of reasons for declining the claimant's request to be re-examined by one member of the Appeal Panel — Agreement by parties that decision ought be set aside 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 313, 314, 319, 321, 322, 324, 325, 327, 328 Cases Cited: Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Midson v Workers Compensation Commission [2016] NSWSC 1352 New South Wales Police Force v Registrar of the Workers Compensation Commission of New South Wales [2013] NSWSC 1792 Starr v Pendergast Painting Pty Ltd [2020] NSWSC 725 Texts Cited: Workers Compensation Guidelines Category: Principal judgment Parties: Mark Lancaster (Plaintiff) Foxtel Management Pty Limited (First Defendant) Medical Appeal Panel constituted by Jane Peacock, Dr John Baker and Dr Patrick Morris (Second Defendant) President of the Personal Injury Commission of NSW (Third Defendant) Representation: Counsel: D Hooke SC / L Goodman (Plaintiff) B Tronson / C Roberts (First Defendant) Submitting appearances (Second and Third Defendants)