Mills v Martin-Brower Australia Pty Ltd [2023] NSWSC 253

Supreme Court New South Wales

Medium Neutral Citation: Mills v Martin-Brower Australia Pty Ltd [2023] NSWSC 253 Hearing dates: 15 March 2023 Decision date: 23 March 2023 Jurisdiction: Common Law Before: Adamson JA Decision: (1) Dismiss the amended summons filed on 1 November 2022. (2) Order the plaintiff to pay the first defendant's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – Bias rule –– alleged apprehended bias – whether member who sat on Workers Compensation Commission could also be member of Appeal Panel to assess degree of permanent impairment WORKERS COMPENSATION – Medical assessment – Application of Workers Compensation Guidelines – whether error shown in application of Guidelines Legislation Cited: Personal Injury Commission Act 2020 (NSW), s 16 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Workers Compensation Act 1987 (NSW), s 66 Workplace Injury Management Act 1998 (NSW), ss 288, 319, 321A, 322, 323, 325, 327, 328, 331, 376 Cases Cited: Ballas v Department of Education (State of NSW) (2020) 102 NSWLR 783; [2020] NSWCA 86 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Heise v Employers Mutual Limited [2022] NSWCA 283 Lancaster v Foxtel Management Pty Ltd [2022] NSWSC 929 Livesey v NSW Bar Association (1983) 151 CLR 288; [1983] HCA 17 Nathanson v Minister for Home Affairs [2022] HCA 26; (2022) 96 ALJR 737 Ozcan v Macarthur Disability Services Ltd [2021] NSWCA 56; (2021) 306 IR 52 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Texts Cited: American Medical Association's Guides to the Evaluation of Permanent Impairment, 5th Edition Guidelines for Assessment of Permanent Impairment by Approved Medical Assessors (4th edition, reissued 1 March 2021) Category: Principal judgment Parties: Peter Mills (Plaintiff) Martin-Brower Australia Pty Ltd (First Defendant) Paul Sweeney, Margaret Gibson and Drew Dixon as a Medical Appeal Panel constituted under Section 328 of the Workplace Injury Management and Workers Compensation Act 1998 (Second Defendant) The President of the Personal Injury Commission (Third Defendant) Representation: Counsel: C Hart (Plaintiff) C Roberts (First Defendant) Submitting appearance (Second and Third Defendants)