Southwell v Qantas Airways Limited [2023] NSWSC 27

Supreme Court New South Wales

Medium Neutral Citation: Southwell v Qantas Airways Limited [2023] NSWSC 27 Hearing dates: On the papers Decision date: 01 February 2023 Jurisdiction: Common Law Before: Adamson J Decision: (1) Set aside the decision of the third defendant made on 12 April 2022 and the certificate issued on that day. (2) Remit the matter to the second defendant for determination by a differently constituted Appeal Panel. (3) Order each party to pay his, her, its or their (as the case may be), own costs. Catchwords: WORKERS COMPENSATION – Workers Compensation Guidelines – whether Appeal Panel erred in applying relevant Guidelines Legislation Cited: Workers Compensation Act 1987 (NSW), s 65A Workplace Injury Management and Workers Compensation Act 1998 (NSW) ss 313, 314, 319, 321, 322, 323, 325, 328, 331, 376 Cases Cited: Ballas v Department of Education (State of NSW) (2020) 102 NSWLR 783; [2020] NSWCA 86 Texts Cited: Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th ed, reissued 1 March 2021, cl 4.27 Category: Principal judgment Parties: John Southwell (Plaintiff) Qantas Airways Limited (First Defendant) President of the Personal Injury Commission of New South Wales (Second Defendant) Brett Batchelor, Drew Dixon and Margaret Gibson as an Appeal Panel constituted under section 328 of the Workplace Injury Management and Workers Compensation Act 1998 (Third Defendant) Representation: Counsel: E Romaniuk SC / E Grotte (Plaintiff) J Palamara (First Defendant) Submitting appearance (Second and Third Defendants)