Aquilina v Transport for NSW [2022] NSWSC 1310

Supreme Court New South Wales

Medium Neutral Citation: Aquilina v Transport for NSW [2022] NSWSC 1310 Hearing dates: 7 July 2022 Date of orders: 7 July 2022 Decision date: 28 September 2022 Jurisdiction: Common Law Before: Brereton JA Decision: (1) Quash the Medical Assessment Certificate issued by the second defendant on 10 December 2021 in Personal Injury Commission matter M1-007567/20. (2) Direct that the second defendant issue a Medical Assessment Certificate certifying that the degree of permanent impairment resulting from the plaintiff's injuries in the subject of Personal Injury Commission Matter M1-007567/20 is 15%. (3) Order that the first defendant pay the plaintiff's costs. Catchwords: WORKERS COMPENSATION – Medical assessment – Judicial review of decision by medical appeal panel – Where appeal panel accepted error alleged to have been made in medical assessment, but proceeded to uphold ultimate outcome using alternative reasoning – Function of appeal panel confined to considering grounds raised in appeal – Held that appeal panel exceeded jurisdiction by embarking on alternative examination after accepting error below – Erroneous Medical Assessment Certificate quashed – Held that as a matter of law, only one particular determination should have been made – Appeal panel directed to issue certificate on terms to effect of that determination Legislation Cited: Supreme Court Act 1970 (NSW), s 69 Workers Compensation Act 1987 (NSW), s 66 Workplace Injury Management Act 1988 (NSW), ss 323, 327 Cases Cited: Drosd v Workers Compensation Nominal Insurer [2016] NSWSC 1053 Queanbeyan Racing Club Limited v Burton [2021] NSWCA 304 Category: Principal judgment Parties: David Aquilina (Plaintiff) Secretary Department of Transport (First Defendant) Member John Wynyard, Dr Gregory McGroder, and Dr Brian Noll as an Appeal Panel constituted under section 328 of the Workplace Injury Management and Compensation Act 1998 (Second Defendant) President of the Personal Injury Commission of NSW (Third Defendant) Representation: Counsel: