Bos v East Coast Security Dogs Pty Ltd [2022] NSWSC 1282

Supreme Court New South Wales

Medium Neutral Citation: Bos v East Coast Security Dogs Pty Ltd [2022] NSWSC 1282 Hearing dates: 3 August 2022 Date of orders: 23 September 2022 Decision date: 23 September 2022 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The amended summons filed 10 February 2022 is dismissed. (2) The decision of the Appeal Panel dated 25 August 2021 is affirmed. (3) The plaintiff is to pay the first defendant's costs on an ordinary basis. Catchwords: ADMINISTRATIVE LAW – Judicial review – Workplace injury – Workers Injury Management and Workers Compensation Act 1998 (NSW) – Assessment of whole person impairment – Section 323 deduction – Whether Medical Assessor correctly applied the 'four step' process as described in Ryder v Sundance Bakehouse [2015] NSWSC 526 – Dismissed Legislation Cited: Supreme Court Act 1970 (NSW) s 69 Workers Compensation Act 1987 (NSW) s 65A Workplace Injury Management and Workers Compensation Act 1998 (NSW) ss 322, 323, 325, 326, 227, 328 Cases Cited: Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Cole v Wenaline Pty Limited [2010] NSWSC 78 Elcheikh v Diamond Formwork (NSW) Pty Ltd (in liq) [2013] NSWSC 365 Government Cleaning Service v Ellul (1996) 13 NSW CCR 344 Lancaster v Foxtel Management Pty Ltd [2022] NSWSC 939 Marks v Secretary, Department of Communities and Justice (No 2) [2021] NSWSC 616 Matthew Hall Pty Ltd v Smart (2000) 21 NSWCCR 34, [2000] NSWCA 284 McGinn v Ashfield Council [2012] NSWCA 238 Minister for Immigration & Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Ryder v Sundance Bakehouse [2015] NSWSC 526 Secretary, NSW Department of Education v Johnson [2019] NSWCA 321 Walsh v Parramatta City Council and Alam (2007)161 LGERA 118; [2007] NSWLEC 255 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; 303 ALR 64 Category: Principal judgment Parties: Simon Bos (Plaintiff) East Coast Security Dogs Pty Ltd (First Defendant) The President of the Personal Injury Commission of New South Wales (Second Defendant) Member Marshal Douglas and Drs Patrick Morris and Douglas Andrews in their capacity as an Appeal Panel (Third Defendant) Representation: Counsel: E Romaniuk SC with E Grotte (Plaintiff) C Roberts