Fardell v Clinton Industries Pty Ltd [2022] NSWSC 111

Supreme Court New South Wales

Medium Neutral Citation: Fardell v Clinton Industries Pty Ltd [2022] NSWSC 111 Hearing dates: 9 November 2021 Date of orders: 15 February 2022 Decision date: 15 February 2022 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders: (1) The decision and statement of reasons of the second defendant dated 16 April 2021 is set aside. (2) The proceedings are to be remitted to the third defendant for determination as according to law. (3) The first defendant is to pay the plaintiff's costs. Catchwords: ADMINISTRATIVE LAW – Judicial review – Workplace injury – Workers injury management and workers compensation act – Assessment of whole person impairment – Section 323 deduction – Jurisdictional error – Error of law – Matters that were not raised at first instance Legislation Cited: Supreme Court Act 1970 (NSW), s 69 Workers Compensation Act 1987 (NSW), s 39 Workers Injury Management and Workers Compensation Act 1998 (NSW), ss 322, 323, 325, 326, 327, 328 Cases Cited: Cole v Wenaline Pty Ltd [2010] NSWSC 526 Elcheikh v Diamond Formwork (NSW) Pty Limited (in liquidation) [2013] NSWSC 365 Insurance Australia Group Ltd t/as NRMA Insurance v Keen [2021] NSWCA 287 Marks v Secretary, Department of Communities and Justice (No 2) [2021] NSWSC 616 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6 Moy v Emoleum Services Pty Limited [2015] NSWSC 1062 New South Wales Police Force v Registrar of the Workers Compensation Commission of New South Wales [2013] NSWSC 1792 Ryder v Sundance Bakehouse [2015] NSWSC 526 Sleiman v Gadalla Pty Ltd [2021] NSWCA 236 Vegan v Campbelltown City Council (2006) 67 NSWLR 372 Vitaz v Westform (NSW) Pty Ltd [2011] NSWCA 254 Category: Principal judgment Parties: Ian Fardell (Plaintiff) Clinton Industries Pty Ltd (First Defendant) Catherine McDonald, Dr Drew Dixon and Dr J Brain Stephenson in their capacity as a Medical Review Panel appointed by the third defendant (Second Defendant) The President of the Personal Injury Commission of NSW (Third defendant) Representation: Counsel: B McManamey (Plaintiff) P Stockley (First defendant)