Ibrahim v Sellers Fabrics Pty Ltd [2023] NSWSC 1320

Supreme Court New South Wales

Medium Neutral Citation: Ibrahim v Sellers Fabrics Pty Ltd [2023] NSWSC 1320 Hearing dates: 20 September 2023 Date of orders: 3 November 2023 Decision date: 03 November 2023 Jurisdiction: Common Law - Administrative Law Before: Harrison AsJ Decision: (1) The decision of the Appeal Panel is set aside. (2) The matter is referred to the President, Personal Injury Commission to be dealt with according to law. (3) The first defendant is to pay the plaintiff's costs. Catchwords: JUDICAL REVIEW – whole person impairment – Type 2 diabetes – pre-existing abnormality or condition – genetic predisposition or susceptibility – deduction – ground of review constituting an error of law – referral to the President, Personal Injury Commission. Legislation Cited: Disability Discrimination Act 1992 (Cth) ss 15 and 24 Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 328 Cases Cited: Booth v Fourmeninapub Pty Ltd [2020] NSWCA 57 Cole v Wenaline Pty Limited [2010] NSWSC 78 Cullen v Woodbrae Holdings Pty Ltd [2015] NSWSC 1416 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 214 CLR 496 Ryder v Sundance Bakehouse [2015] NSWSC 526 State of New South Wales v Rattenbury [2015] NSWWCCPD 46 Category: Procedural rulings Parties: Ahmed Ali Ibrahim (Plaintiff) Sellers Fabric Pty Ltd (First defendant) Deborah Moore, David Gorman and Margaret Gibson as a medical appeal panel constituted under s 328 of the workplace injury management and workers compensation act 1998 (NSW) (Second defendant) President, Personal Injury Commission (Third defendant) Kathryn Camp (Fourth defendant) Representation: Counsel: Ian Davidson SC and Philippa Clingan (Plaintiff) Rankin Ellison Lawyers (First defendant)