Scott v Ivy Contractors Pty Ltd [2023] NSWSC 891

Supreme Court New South Wales

Medium Neutral Citation: Scott v Ivy Contractors Pty Ltd [2023] NSWSC 891 Hearing dates: 18 July 2023 Date of orders: 1 August 2023 Decision date: 01 August 2023 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. The appeal panel's decision is set aside. 2. The matter is referred back to the President of the Commission to be dealt with according to law. 3. Ivy Contractors Pty Ltd is to bear Mr Scott's costs, as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – Medical assessment – Judicial review of decision of medical appeal panel – Where appeal panel accepted error alleged in medical assessment and assessed claimant afresh – Function of appeal panel confined to determining grounds raised by the appeal – Failure to give adequate reasons Legislation Cited: NSW workers compensation guidelines for the evaluation of permanent impairment (4th ed, 2021), cll 11.4, 11.5, 11.6 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Workers Compensation Act 1987 (NSW), s 65A Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 327, 328, 329 Cases Cited: Aquilina v Transport for NSW [2022] NSWSC 1310 Finnegan v Komatsu Forklift Australia Pty Ltd [2023] NSWSC 38 Lancaster v Foxtel Management Pty Ltd [2022] NSWSC 929 McGinn v Ashfield Council [2012] NSWCA 238 Queanbeyan Racing Club Limited v Burton [2021] NSWCA 304 Sleiman v Gadalla Pty Ltd [2021] NSWCA 236 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Category: Principal judgment Parties: Mr Gary Scott (Plaintiff) Ivy Contractors Pty Ltd (First Defendant) The President of the Personal Injury Commission of New South Wales (Second Defendant) Deborah Moore, Professor N Glozier and Dr D Andrews, Medical Appeal Panel, the Personal Injury Commission (Third Defendant) Representation: Counsel: Mr E G Romaniuk SC (Plaintiff) Mr S Moffet (Plaintiff) Ms C Roberts (First Defendant) Submitting Appearances (Second & Third Defendants)