Queanbeyan Racing Club Ltd v Burton [2021] NSWCA 304

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Queanbeyan Racing Club Ltd v Burton [2021] NSWCA 304 Hearing dates: 20 October 2021 Date of orders: 10 December 2021 Decision date: 10 December 2021 Before: Basten JA at [1]; Leeming JA at [49]; McCallum JA at [50] Decision: (1) Appeal dismissed. (2) Order the appellant to pay the first respondent's costs in this Court. Catchwords: ADMINISTRATIVE LAW – judicial review – jurisdictional error – extent of functions and powers of tribunal - Workers Compensation Commission medical appeal panel – procedural unfairness –scope of procedural fairness determined by reference to statutory scheme – no opportunity given to address panel on definition of medical condition – medical experts' function is to form opinion as to medical condition WORKERS COMPENSATION – medical dispute –appeal from certificate of assessor – scope of functions and powers of appeal panel – panel restricted to determining whether error in applicant's grounds of appeal – decision to issue new certificate – no expansion of panel's functions Legislation Cited: Workers Compensation Act 1987 (NSW), s 66 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 324, 327, 328 Cases Cited: Cullen v Woodbrae Holdings Pty Ltd [2015] NSWSC 1416 Drosd v Workers Compensation Nominal Insurer [2016] NSWSC 1053 New South Wales Police Force v Registrar of the Workers Compensation Commission [2013] NSWSC 1792 Pascoe v Mechita Pty Ltd [2019] NSWSC 454 Roads and Maritime Services v Rodger Wilson [2016] NSWSC 1499 The UGL Rail Services Pty Ltd (formerly United Group Rail Services Pty Ltd) v Attard [2016] NSWSC 911 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Category: Principal judgment Parties: Queanbeyan Racing Club Ltd (Appellant) Hannah Burton (First Respondent) President of the Personal Injury Commission (Second Respondent) Mr Ross Bell, Dr Michael Fearnside and Dr Ross Mellick in their capacities as members of an Appeal Panel constituted under section 328 of the Workplace Injury Management and Workers Compensation Act 1998 (Third Respondents) Representation: Counsel: