Cottom v Scone Racing Club Ltd [2023] NSWSC 779

Supreme Court New South Wales

Medium Neutral Citation: Cottom v Scone Racing Club Ltd [2023] NSWSC 779 Hearing dates: 16 June 2023 Date of orders: 6 July 2023 Decision date: 06 July 2023 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. Mr Cottom is given leave, nunc pro tunc, to file his summons out of time. 2. I declare that the appeal panel's 31 March 2022 decision, including the reasons given, are affected by error of law on the face of the record and by jurisdictional error. 3. I now order that: a. The appeal panel's 31 March 2022 decision is quashed; and b. Mr Cottom's application to rely on further evidence and appeal be remitted to be dealt with according to law by a differently constituted appeal panel under the Workplace Injury Management and Workers Compensation Act 1998 (NSW). Catchwords: WORKERS COMPENSATION — Medical assessment certificate — judicial review of decision of appeal panel dismissing appeal from medical assessment certificate — appeal panel failed to address application to consider further documents and documents themselves — documents claimed to evidence plaintiff's further deterioration and development of consequential injury post-assessment — operation of Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 328 — decision of appeal panel quashed — application and appeal remitted to a differently constituted appeal panel CIVIL PROCEDURE — Judicial review — application for judicial review brought outside three-month time period — Uniform Civil Procedure Rules 2005 (NSW), r 59.10 — interests of justice — leave granted to bring application Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 59.10 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 321, 322, 322A, 327, 328, 378 Cases Cited: Sleiman v Gadalla Pty Ltd [2021] NSWCA 236 Category: Principal judgment Parties: Gregory Cottom (Plaintiff) Scone Race Club Ltd (First Defendant) Paul Sweeney, Drew Dixon and Michael Davies as a Medical Appeal Panel Constituted Under Section 328 of the Workplace Injury Management and Workers Compensation Act 1998 (Second Defendants) The President of the Personal Injury Commission (Third Defendant) Representation: Counsel: Mr C Hart (Plaintiff) Mr C Jackson (First Defendant)