Lancaster v Foxtel Management Pty Ltd [2022] NSWSC 929

Supreme Court New South Wales

Medium Neutral Citation: Lancaster v Foxtel Management Pty Ltd [2022] NSWSC 929 Hearing dates: 7 July 2022 Date of orders: 12 July 2022 Decision date: 12 July 2022 Jurisdiction: Common Law Before: Basten AJ Decision: (1) Dismiss the amended summons filed on 8 February 2022 seeking judicial review of a decision of an appeal panel of the Personal Injury Commission of 21 September 2021. (2) Order that the plaintiff pay the defendant's costs in this Court. Catchwords: ADMINISTRATIVE LAW – review of medical assessment by appeal panel – judicial review of appeal panel decision – adequacy of reasons of appeal panel – no requirement to address possible alternative findings – whether error of law in finding no "demonstrable error" in medical assessment rating severity of impairments WORKERS COMPENSATION – proceedings before Commission – medical assessment of psychological injury – appeal – appeal panel appointed under Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 328 – nature of grounds limited by statute – appeal by way of review – appeal limited to grounds stated by appellant WORKERS COMPENSATION – proceedings before Commission – medical assessment of psychological injury – appeal – additional evidence presented – whether obligation to re-examine worker – additional evidence of worker's self-report accepted by appeal panel – whether additional evidence supported claim of "demonstrable error" Legislation Cited: Accident Compensation Act 1985 (Vic), s 68 Motor Accidents Compensation Act 1999 (NSW), s 63 Supreme Court Act 1970 (NSW), s 75A Workers Compensation Act 1987 (NSW), s 65A Workers Compensation Legislation Amendment Act 2010 (NSW), Sch 12 [12], [14] Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 4, 319, 324, 325, 326, 327, 328 Cases Cited: Allianz Australia Insurance Ltd v Rutland [2015] NSWCA 328 Ballas v Department of Education (State of New South Wales) [2020] NSWCA 86 Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Drosd v Workers Compensation Nominal Insurer [2016] NSWSC 1053 Ferguson v State of New South Wales [2017] NSWSC 887 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 Lancaster v Foxtel Management Pty Ltd [2021] NSWSC 745 Lukacevic v Coates Hire Operations Pty Ltd [2011] NSWCA 112 NSW Police Force v Wark [2012] NSWWCCMA 36 Glenn William Parker v Select Civil Pty Ltd [2018] NSWSC 140 Petrovic v BC Serv No 14 Pty Ltd [2007] NSWSC 1156 Pitsonis v Registrar of the Workers Compensation Commission [2008] NSWCA 88 Queanbeyan Racing Club Ltd v Burton [2021] NSWCA 304 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 216 CLR 212; [2003] HCA 56 Ross v Zurich Workers Compensation Insurance [2002] NSWCCPD 7 Siddik v WorkCover Authority of New South Wales [2008] NSWCA 116 Sleiman v Gadalla Pty Ltd [2021] NSWCA 236 Versace v Australia's Best Tyres & Auto Pty Ltd [2016] NSWSC 1540 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Category: Principal judgment Parties: Mark Lancaster (Plaintiff) Foxtel Management Pty Ltd (First Defendant) President of the Personal Injury Commission (Second Defendant) Representation: Counsel: Mr E Romaniuk SC / Ms L Goodman (Plaintiff) Ms C Roberts (First Defendant)