Yates v Flavorjen Pty Ltd [2022] NSWSC 388

Supreme Court New South Wales

Medium Neutral Citation: Yates v Flavorjen Pty Ltd [2022] NSWSC 388 Hearing dates: 10 November 2021 Date of orders: 5 April 2022 Decision date: 05 April 2022 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders: (1) The summons filed 21 May 2021 is dismissed. (2) The plaintiff is to pay the first defendant's costs on an ordinary basis. Catchwords: ADMINISTRATIVE LAW — Judicial review — Workers Compensation — where parties agreed to terms of referral to Approved Medical Specialist — where Appeal Panel found Approved Medical Specialist erred by going beyond terms of referral — whether referral entitled Approved Medical Specialist to assess degree of permanent impairment arising from body parts not specifically referred — Judicial Review dismissed Legislation Cited: Workplace Injury Management and Workers Compensation Act 1998 (NSW) ss 78, 288, 293, 319, 322, 323, 325, 326, 328 and 331 Cases Cited: Skates v Hills Industries Ltd [2020] NSWSC 837 Skates v Hills Industries Ltd [2021] NSWCA 142 Category: Principal judgment Parties: Timothy Yates (Plaintiff) Flavorjen Pty Ltd (First Defendant) Brett Batcher, Dr Mark Burns and Dr Drew Dixon in their capacity as a Medical Appeal Panel Constituted by the Third Defendant The President of the Personal Injury Commission of NSW (Third Defendant) Representation: Counsel: B. McManamey (Plaintiff) B. Tronson with C. Roberts (First Defendant)