Luck v Workers Compensation Nominal Insurers & Ors [2023] NSWSC 842

Supreme Court New South Wales

Medium Neutral Citation: Luck v Workers Compensation Nominal Insurers & Ors [2023] NSWSC 842 Hearing dates: 21 June 2023 Date of orders: 19 July 2023 Decision date: 19 July 2023 Jurisdiction: Common Law - Administrative Law Before: Weinstein J Decision: (1) The decision of the Third Defendant made on 16 November 2022 is quashed. (2) The Certificate of Determination dated 22 December 2022 is set aside. (3) The Plaintiff's application to appeal against a decision of a medical assessor dated 15 August 2022 is remitted to the Second Defendant for referral to a differently constituted Appeal Panel for determination according to law. (4) The First Defendant is to pay the Plaintiff's costs of the proceedings, as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – judicial review – appeal from Personal Injury Commission Appeal Panel – deterioration – additional relevant information - "purple passages" Legislation Cited: Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Ferguson v New South Wales [2017] NSWSC 887 Finnegan v Komatsu Forklift Australia Pty Ltd [2023] NSWSC 38 Jenkins v Ambulance Service of New South Wales [2015] NSWSC 633 Lancaster v Foxtel Management Pty Ltd [2022] NSWSC 929 Lukacevic v Coates Hire Operations Pty Limited [2011] NSWCA 112 McGinn v Ashfield Council [2012] NSWCA 238 Mifsud v Pitador [2022] NSWSC 1010 Ming v Director of Public Prosecutions [2022] NSWCA 209 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506; [2021] HCA 17 Parker v Select Civil Pty Ltd [2018] NSWSC 140 Petrovic v BC Serve No 14 Pty Ltd t/as Broadlex Cleaning Services Pty Ltd [2007] NSWSC 1156 Sleiman v Gadalla Pty Ltd [2021] NSWCA 236 Walsh v Parramatta City Council (2007) 161 LGERA 118; [2007] NSWLEC Waterways Authority v Fitzgibbon; Mosman Municipal Council v Fitzgibbon; Middle Harbour Yacht Club v Fitzgibbon (2005) 221 ALR 402 Wingfoot Australia Partners Pty Ltd v Kovack (2013) 252 CLR 480 Category: Principal judgment Parties: Melanie Luck (Plaintiff) Workers Compensation Nominal Insurer (First Defendant) President of the Personal Injury Commission (Second Defendant) Deborah Moore, Dr Michael Hong, Dr Douglas Andrews in their capacity as an Appeal Panel constituted under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 (Third Defendant) Representation: Counsel: E G Romaniuk SC (Plaintiff) C Roberts (First Defendant)