Field-Whittaker v Thomas & Naaz Pty Ltd [2022] NSWSC 666

Supreme Court New South Wales

Medium Neutral Citation: Field-Whittaker v Thomas & Naaz Pty Ltd [2022] NSWSC 666 Hearing dates: 16 March 2022 Date of orders: 25 May 2022 Decision date: 25 May 2022 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The decisions of the Appeal Panel dated 28 May 2021 and 15 April 2021 are set aside. (2) The matter is to be remitted to the President of the Personal Injury Commission to be determined according to law. (3) The first defendant is to pay the plaintiff's costs Catchwords: ADMINISTRATIVE LAW – Judicial Review – Workplace Injury Management and Worker's Compensation Act 1998 – Rejection of additional relevant evidence – Error in PIRS Assessment of concentration, persistence, pace and employability – Matter remitted to President of Personal Injury Commission Legislation Cited: NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment (Fourth edition, 1 April 2016), cls 1.6, 11.11, 11.12, 11.13, Table 11.5, Table 11.6 Supreme Court Act 1970 (NSW), s 69 Workers Compensation Act 1987 (NSW), ss 4, 9, 9A, 66 Workplace Injury Management and Worker's Compensation Act 1998 (NSW), ss 319, 325, 327, 328, 331 Cases Cited: Ballas v Department of Education (State of NSW) [2020] NSWCA 86 Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Commissioner of Corrective Services v Government and Related Employees Appeal Tribunal [2004] NSWCA 291 Johnson v Johnson (2000) 201 CLR 488, [2000] HCA 48 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507, [2001] HCA 17 Morton v Transport Appeal Board (No 1) (2007) 168 IR 403, [2007] NSWSC 1454 Perry v George Weston Foods Limited [2021] NSWSC 359 Petrovic v BC Serv No 14 Pty Ltd & Ors [2007] NSWSC 1156 South Western Sydney Area Health Services v Edmonds (2007) 4 DDCR 421, [2007] NSWCA 16 Texts Cited: NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment (Fourth edition, 1 April 2016) Category: Principal judgment Parties: Belinda Field-Whittaker (Plaintiff) Thomas & Naaz Pty Ltd (First Defendant) President of the Personal Injury Commission of New South Wales (Second Defendant) Members Ms Deborah Moore, Dr Julian Parmegiani and Dr Michael Hong in their capacity as an Appeal Panel constituted under s 328 of the Workplace Injury Management and Worker's Compensation Act 1998 (NSW) (Third Defendant) Representation: Counsel: R de Meyrick (Plaintiff) C Roberts (First Defendant)