Coenradi v The GEO Group Australia Pty Ltd [2022] NSWSC 864

Supreme Court New South Wales

Medium Neutral Citation: Coenradi v The GEO Group Australia Pty Ltd [2022] NSWSC 864 Hearing dates: 2 March 2022 Decision date: 29 June 2022 Jurisdiction: Common Law Before: Rothman J Decision: (1) Judgment for the plaintiff; (2) Pursuant to the provisions of s 69 of the Supreme Court Act 1970 (NSW), the Court grants an order in the nature of certiorari quashing the decision of the third defendant, being the Appeal Panel of the Personal Injury Commission made on 19 May 2021, determining that the psychological injuries sustained by the plaintiff, Anthony Coenradi, as a result of an incident on 4 November 2016, was 11%; (3) Pursuant to the provisions of s 75 of the Supreme Court Act 1970 (NSW), the Court declares that the decision of the Appeal Panel referred to in order (2) above is vitiated by error of law; (4) Pursuant to the terms of ss 65 and 69 of the Supreme Court Act 1970 (NSW), the Court orders the second defendant, the President of the Personal Injury Commission of New South Wales, to refer to a differently constituted Appeal Panel the application to appeal by the first defendant, filed with the Personal Injury Commission of New South Wales on 8 December 2020, for determination of the appeal; (5) The first dependent shall pay the plaintiff's costs of and incidental to these proceedings. Catchwords: ADMINISTRATIVE LAW – Judicial Review – Orders in the nature of certiorari, declarations – Error of Law and Jurisdiction – Medical Assessment Certificate in relation to Offender – Appeal to Panel – Nature of Appeal – need to find error – rehearing – "incorrect criteria" and "demonstrable error" – deduction for pre-existing condition – task to measure impairment, not condition – pre-existing impairment must exist immediately prior to injury being assessed - appeal to be heard by different panel. Legislation Cited: Civil Liability Act 2002 (NSW), Pt 2A, ss 26C, 26D Workplace Injury Management and Workers Compensation Act 1998 (NSW), Ch 7 Pt 7, ss 322, 322A, 323, 325, 327, 328 Cases Cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1; [1990] HCA 21 Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Coal and Allied Operations Pty Ltd v Australian industrial Relations Commission (2000) 203 CLR 194; [2000] HCA 47 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280; [1993] FCA 456 Ex parte Australian Sporting Club Ltd; re Dash (1947) SR (NSW) 283 Ferguson v State of New South Wales [2017] NSWSC 887 IAG v Keen [2021] NSWSC 113 Lacey v Attorney-General (Qld) (2011) 242 CLR 573; [2011] HCA 10 Meeuwissen v Boden (2010) 78 NSWLR 143; [2010] NSWCA 253 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 New South Wales Police Force v Registrar of the Workers Compensation Commission of New South Wales [2013] NSWSC 1792 NSW Police Force v Daniel Wark [2012] NSWWCCMA 36 Parker v Select Civil Pty Ltd [2018] NSWSC 140 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Victorian Stevedoring and General Contracting Co Pty Ltd and Meakes v Dignan (1931) 46 CLR 73; [1931] HCA 34 Wingfoot Australia Partners Pty Ltd v Kocak (2014) 252 CLR 480; [2013] HCA 43 Category: Principal judgment Parties: Anthony Coenradi (Plaintiff) The GEO Group Australia Pty Ltd (First Defendant) President of the Personal Injury Commission of New South Wales (Second Defendant) Member Jane Peacock, Medical Assessor Nicholas Glozier and Medical Assessor Patrick Morris as an Appeal Panel constituted under section 328 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) (Third Defendant) Representation: Counsel: M Robinson SC (Plaintiff) M Newton (First Defendant) Submitting Appearance (Second and Third Defendant)