State of New South Wales (Central Coast Local Health District) v Page [2023] NSWSC 935

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales (Central Coast Local Health District) v Page [2023] NSWSC 935 Hearing dates: 02 August 2023 Date of orders: 10 August 2023 Decision date: 10 August 2023 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Leave to commence proceedings out of time to argue grounds 1 to 4(a) of the summons is refused. (2) Summons is otherwise dismissed. (3) Each party to bear their own costs. Catchwords: ADMINISTRATIVE LAW – judicial review – workers compensation – where plaintiff seeks extension of time to commence proceedings under UCPR 59.10 only after decisions of approved medical specialist and Second Appeal Panel are not favourable to it – unexplained delay – extension of time refused – whether error of law by the Second Appeal Panel in its approach to pre-existing condition and its approach to evaluation of impairment – no error by Second Appeal Panel – summons dismissed Legislation Cited: Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Ryder v Sundance Bakehouse [2015] NSWSC 526 Skates v Hills Industries Ltd [2020] NSWSC 837 Skates v Hills Industries Ltd [2021] NSWCA 142 Category: Principal judgment Parties: State of NSW (Central Coast Local Health District) (Plaintiff) Colleen Page (First Defendant) President, Personal Injury Commission (Second Defendant) Member John Wynyard, Tommasino Mastroianni and Roger Pillemer as an Appeal Panel (Third Defendant) Dr Mark Burns (Fourth Defendant) R J Perignon, Gregory McGroder and John Brian Stephenson as an Appeal Panel (Fifth Defendant) Representation: Counsel: S Blount (Plaintiff) D Hooke SC / B McManamey (First Defendant) Submitting appearance (Third, Fourth and Fifth Defendants)