Kanajenahalli v State of New South Wales (Western New South Wales Local Health District) [2023] NSWCA 202

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kanajenahalli v State of New South Wales (Western New South Wales Local Health District) [2023] NSWCA 202 Hearing dates: On the papers Decision date: 30 August 2023 Before: Leeming JA; Adamson JA; Basten AJA Decision: 1. To the extent necessary, grant leave to appeal. 2. Appeal allowed. 3. Set aside the opinion, being a decision pursuant to s 353(5) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW), of Deputy President Wood delivered on 18th January 2023 and in lieu thereof declare that neither the decision of Member Burge nor the appeal to the Personal Injury Commission involves or has involved the exercise of judicial power within Ch III of the Constitution (Cth). 4. Remit the matter to the President of the Personal Injury Commission to be determined according to law. 5. No order as to the costs in this Court. Catchwords: CONSTITUTIONAL LAW – federal jurisdiction – whether Personal Injury Commission exercised judicial power when determining claim brought by resident of Queensland against employer State of New South Wales – common ground that Commission exercised administrative power in this case – appeal allowed by consent – short reasons given Legislation Cited: Judiciary Act 1903 (Cth), s 78B Personal Injury Commission Act 2020 (NSW), ss 56, 57, 59 Workers Compensation Act 1958 (Vic) Workers Compensation Act 1987 (NSW), s 11A Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 353 Cases Cited: Attorney General for New South Wales v Gatsby (2018) 99 NSWLR 1; [2018] NSWCA 254 Babaniaris v Lutony Fashions Pty Ltd (1987) 163 CLR 1; [1987] HCA 19 Burns v Corbett (2018) 265 CLR 304; [2018] HCA 15 Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16; 96 ALJR 476 Orellana-Fuentes v Standard Knitting Mill Pty Ltd (2003) 57 NSWLR 282; [2003] NSWCA 146 Searle v McGregor [2022] NSWCA 213; 405 ALR 556 Category: Principal judgment Parties: Mohan Kanajenahalli (Appellant) State of New South Wales (Respondent) Attorney General for New South Wales (Intervener) Representation: Counsel: D Baran and J Beran (Appellant) P Perry (Respondent) J Taylor (Intervenor)