Craigie v Faircloth & Reynolds Pty Ltd and Ors [2021] NSWSC 1211

Supreme Court New South Wales

Medium Neutral Citation: Craigie v Faircloth & Reynolds Pty Ltd and Ors [2021] NSWSC 1211 Hearing dates: 24 September 2021 Date of orders: 24 September 2021 Decision date: 24 September 2021 Jurisdiction: Common Law Before: Johnson J Decision: (1) The decision of the Second Defendant dated 19 March 2021 is quashed. (2) The Certificate of Determination dated 23 April 2021 is set aside. (3) The Plaintiff's application to appeal against the decision of an Approved Medical Specialist dated 18 December 2020 is remitted to the Third Defendant for referral to a differently constituted Medical Appeal Panel for determination according to law. (4) The First Defendant is to pay the Plaintiff's costs of the proceedings on an ordinary basis as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – judicial review – workers compensation – whether decision of Medical Appeal Panel ought be set aside – adequacy of reasons for adopting and confirming erroneous reasons of the Approved Medical Specialist – deduction for "pre-existing condition" under s.323(1) Workplace Injury Management and Workers Compensation Act 1998 – need for identification of relevant date – consent orders by parties under Rule 36.1A Uniform Civil Procedure Rules 2005 – relief granted Legislation Cited: Supreme Court Act 1970 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Uniform Civil Procedure Rules 2005 Cases Cited: Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Cullen v Woodbrae Holdings Pty Ltd [2015] NSWSC 1415 Lancaster v Foxtel Management Pty Limited [2021] NSWSC 745 Meagher v Stephenson (1993) 30 NSWLR 736 White v District Court of NSW (1998) 45 NSWLR 313 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Texts Cited: Aronson, Groves and Weeks, "Judicial Review of Administrative Action and Government Liability", 6th edn, 2017 Category: Principal judgment Parties: Jack Elvin Craigie (Plaintiff) Faircloth & Reynolds Pty Ltd (First Defendant) Medical Appeal Panel of the Personal Injury Commission of NSW (Second Defendant) President of the Personal Injury Commission of NSW (Third Defendant) Representation: Counsel: Mr S Hickey (Plaintiff) Ms B Tronson/ Ms C Roberts (First Defendant)