Pham v Quality Bakers Australia Pty Limited t/as Goodman Fielder [2023] NSWSC 897

Supreme Court New South Wales

Medium Neutral Citation: Pham v Quality Bakers Australia Pty Limited t/as Goodman Fielder [2023] NSWSC 897 Hearing dates: 1 March 2023 Date of orders: 28 September 2023 Decision date: 28 September 2023 Jurisdiction: Common Law Before: Simpson AJ Decision: 1. Summons dismissed; 2. The plaintiff to pay the first defendant's costs. Catchwords: ADMINISTRATIVE LAW – judicial review – Personal Injury Commission – review of the decision of an Appeal Panel – where plaintiff discontinued proceedings prior to the application for judicial review Legislation Cited: Personal Injury Commission Act 2020 (NSW) s 5 Personal Injury Commission Rules 2021 (NSW) rr 5, 76 Supreme Court Act 1970 (NSW) s 69 Workers Compensation Act 1987 (NSW) ss 4, 60, 66 Workplace Injury Management and Workers Compensation Act 1998 (NSW) ss 105, 294, 323, 325, 327, 328 Category: Principal judgment Parties: Van Cuong Pham (Plaintiff) Quality Bakers Australia Pty Limited t/as Goodman Fielder (1st Defendant) Appeal Panel of the Personal Injury Commission of NSW (2nd Defendant) President of the Personal Injury Commission of NSW (3rd Defendant) Representation: Counsel: S Hickey (Plaintiff) A Combe (1st Defendant) Submitting appearances (2nd & 3rd Defendants)

Solicitors: Longton Compensation Lawyers (Plaintiff) Hicksons (1st Defendant) Crown Solicitor for NSW (2nd & 3rd Defendants) File Number(s): 2022/226927 Decision under appeal Court or tribunal: Personal Injury Commission of New South Wales Jurisdiction: Medical dispute Date of Decision: 2 May 2022 Before: Member Paul Sweeney, Dr James Bodel and Dr Margaret Gibson as an appeal panel constituted under section 328 of the Workplace Injury Management and Workers Compensation Act File Number(s): M1-W4788/21